Texas Constitution:Article I, Section 11-d: Difference between revisions
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{{DISPLAYTITLE:Article I, Section 11-d of the Texas Constitution (''<small>"Denial of Bail for Certain Serious Offenses"</small>'')}}{{Texas Constitution|text=Added November 4, 2025: | |||
'''(a) This section applies only to a person accused of committing one or more of the following offenses: (1) murder; (2) capital murder; (3) aggravated assault if the person: (A) caused serious bodily injury, as that term is defined by general law, to another; or (B) used a firearm, club, knife, or explosive weapon, as those terms are defined by general law, during the commission of the assault; (4) aggravated kidnapping; (5) aggravated robbery; (6) aggravated sexual assault; (7) indecency with a child; (8) trafficking of persons; or (9) continuous trafficking of persons.''' | |||
( | '''(b) A person to whom this section applies shall be denied bail pending trial if the attorney representing the State demonstrates: (1) by a preponderance of the evidence after a hearing that the granting of bail is insufficient to reasonably prevent the person's wilful nonappearance in court; or (2) by clear and convincing evidence after a hearing that the granting of bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim of the alleged offense.''' | ||
( | '''(c) A judge or magistrate who grants a person bail in accordance with this section shall: (1) set bail and impose conditions of release necessary only to reasonably: (A) prevent the person's wilful nonappearance in court; and (B) ensure the safety of the community, law enforcement, and the victim of the alleged offense; and (2) prepare a written order that includes findings of fact and a statement explaining the judge's or magistrate's justification for the grant and the determinations required by this section.''' | ||
( | '''(d) This section may not be construed to: (1) limit any right a person has under other law to contest a denial of bail or to contest the amount of bail set by a judge or magistrate; or (2) require any testimonial evidence before a judge or magistrate makes a bail decision with respect to a person to whom this section applies.''' | ||
( | '''(e) For purposes of determining whether a preponderance of the evidence or clear and convincing evidence, as applicable, exists as described by this section, a judge or magistrate shall consider: (1) the likelihood of the person's wilful nonappearance in court; (2) the nature and circumstances of the alleged offense; (3) the safety of the community, law enforcement, and the victim of the alleged offense; and (4) the criminal history of the person.''' | ||
( | '''(f) At a hearing described by this section, a person is entitled to be represented by counsel.''' | ||
|editor= | |||
Sections [[Texas Constitution:Article I, Section 11|11]], [[Texas Constitution:Article I, Section 11-a|11-a]], [[Texas Constitution:Article I, Section 11-b|11-b]], [[Texas Constitution:Article I, Section 11-c|11-c]], and [[Texas Constitution:Article I, Section 13|13]] of Article I also directly govern bail for those accused of criminal offenses. | |||
The sections reflect the tension between the constitutional presumption of innocence and public safety concerns. | |||
|recent= | |||
None. | |||
|historic= | |||
None. | |||
|seo_title=Article I, Section 11-d of the Texas Constitution ("Denial of Bail for Certain Serious Offenses") | |||
|seo_keywords=Article 1 Section 11-d, Texas Bill of Rights, pretrial bail | |||
|seo_description=This section, proposed by SJR 5, will be voted on at the 2025 constitutional amendment election. | |||
|seo_published_time=2025-06-01T12:30:30Z | |||
|seo_image_alt=Texas Bill of Rights | |||
}} | |||
[[Category:Texas Bill of Rights]] | |||
[[Category:Criminal Procedure]] | |||
[[Category:TxCon ArtI Sec]] | |||
[[Category:Amendments 2025]] | [[Category:Amendments 2025]] | ||
Latest revision as of 14:09, June 20, 2025
Added November 4, 2025:
(a) This section applies only to a person accused of committing one or more of the following offenses: (1) murder; (2) capital murder; (3) aggravated assault if the person: (A) caused serious bodily injury, as that term is defined by general law, to another; or (B) used a firearm, club, knife, or explosive weapon, as those terms are defined by general law, during the commission of the assault; (4) aggravated kidnapping; (5) aggravated robbery; (6) aggravated sexual assault; (7) indecency with a child; (8) trafficking of persons; or (9) continuous trafficking of persons.
(b) A person to whom this section applies shall be denied bail pending trial if the attorney representing the State demonstrates: (1) by a preponderance of the evidence after a hearing that the granting of bail is insufficient to reasonably prevent the person's wilful nonappearance in court; or (2) by clear and convincing evidence after a hearing that the granting of bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim of the alleged offense.
(c) A judge or magistrate who grants a person bail in accordance with this section shall: (1) set bail and impose conditions of release necessary only to reasonably: (A) prevent the person's wilful nonappearance in court; and (B) ensure the safety of the community, law enforcement, and the victim of the alleged offense; and (2) prepare a written order that includes findings of fact and a statement explaining the judge's or magistrate's justification for the grant and the determinations required by this section.
(d) This section may not be construed to: (1) limit any right a person has under other law to contest a denial of bail or to contest the amount of bail set by a judge or magistrate; or (2) require any testimonial evidence before a judge or magistrate makes a bail decision with respect to a person to whom this section applies.
(e) For purposes of determining whether a preponderance of the evidence or clear and convincing evidence, as applicable, exists as described by this section, a judge or magistrate shall consider: (1) the likelihood of the person's wilful nonappearance in court; (2) the nature and circumstances of the alleged offense; (3) the safety of the community, law enforcement, and the victim of the alleged offense; and (4) the criminal history of the person.
(f) At a hearing described by this section, a person is entitled to be represented by counsel.
Editor Comments
Sections 11, 11-a, 11-b, 11-c, and 13 of Article I also directly govern bail for those accused of criminal offenses.
The sections reflect the tension between the constitutional presumption of innocence and public safety concerns.
Recent Decisions
None.
Historic Decisions
None.
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)