Texas Constitution, April 2008 Page: 3
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Art. 1 Sec. 11b
on bail for a prior felony for which he has been indicted, (3) accused of a felony
" less than capital in this State involving the use of a deadly weapon after being
convicted of a prior felony, or (4) accused of a violent or sexual offense committed
while under the supervision of a criminal justice agency of the State or a political
3 subdivision of the State for a prior felony, after a hearing, and upon evidence
substantially showing the guilt of the accused of the offense in (1) or (3) above,
" of the offense committed while on bail in (2) above, or of the offense in (4) above
committed while under the supervision of a criminal justice agency of the State or
a political subdivision of the State for a prior felony, may be denied bail pending
trial, by a district judge in this State, if said order denying bail pending trial is
issued within seven calendar days subsequent to the time of incarceration of the
S accused; provided, however, that if the accused is not accorded a trial upon the
accusation under (1) or (3) above, the accusation and indictment used under (2)
above, or the accusation or indictment used under (4) above within sixty (60)
5 days from the time of his incarceration upon the accusation, the order denying
bail shall be automatically set aside, unless a continuance is obtained upon the
motion or request of the accused; provided, further, that the right of appeal to the
- Court of Criminal Appeals of this State is expressly accorded the accused for a
review of any judgment or order made hereunder, and said appeal shall be given
S preference by the Court of Criminal Appeals.
" (b) In this section:
(1) "Violent offense" means:
(A) murder;
(B) aggravated assault, if the accused used or exhibited a deadly weapon
S during the commission of the assault;
5 (C) aggravated kidnapping; or
* (D) aggravated robbery.
(2) "Sexual offense" means:
(A) aggravated sexual assault;
S (B) sexual assault; or
S (C) indecency with a child. (Added Nov. 6, 1956; amended Nov. 8, 1977;
Subsec. (a) amended and (b) added Nov. 2, 1993.)
Sec. lib. VIOLATION OF CONDITION OF RELEASE PENDING
" TRIAL; DENIAL OF BAIL. Any person who is accused in this state of a
felony or an offense involving family violence, who is released on bail pending
trial, and whose bail is subsequently revoked or forfeited for a violation of a
" condition of release may be denied bail pending trial if a judge or magistrate in
this state determines by a preponderance of the evidence at a subsequent hearing
that the person violated a condition of release related to the safety of a victim
* of the alleged offense or to the safety of the community. (Added Nov. 8, 2005;
amended Nov. 6, 2007.)
. Sec. lic. VIOLATION OF AN ORDER FOR EMERGENCY
5 PROTECTION INVOLVING FAMILY VIOLENCE. The legislature by3
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Texas. Legislature. Legislative Council. Research Division. Texas Constitution, April 2008, book, April 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth654146/m1/9/?q=%222008~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.