Article I, § 11d

DENIAL OF BAIL TO PREVENT DEFENDANT’S NONAPPEARANCE AND ENSURE PUBLIC SAFETY. (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.