Article I, Section 11-c of the Texas Constitution ("Denial of Bail for Violation of Protective Order Involving Family Violence")

Added November 6, 2007:

The Legislature by general law may provide that any person who violates an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case, including a temporary ex parte order that has been served on the person, or who engages in conduct that constitutes an offense involving the violation of an order described by this section may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate in this State determines by a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense.

Editor Comments

Sections 11, 11-a, 11-b and 13 of Article I also directly address bail for those accused of criminal offenses.

All five sections reflect the tension between the constitutional presumption of innocence and public safety.

Attorney Steve Smith

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