Ballot
Ballot Texas

Proposition 3: Denial of Bail for Certain Violent or Sexual Offenses Punishable as a Felony Amendment

Ballot Date: Nov 04, 2025 · Closed
District: Statewide

Amends the Texas Constitution to require judges and magistrates to deny bail under certain circumstances to persons accused of specified violent or sexual felony offenses when clear and convincing evidence shows that bail would not reasonably ensure the person’s appearance in court or the safety ...

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#criminaljustice #bail #publicsafety #constitution #judiciary
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Ballot Summary

Full Text

Under current law, the Texas Constitution guarantees bail to an accused person except in narrow circumstances governed by statute and case law. Senate Joint Resolution 5 proposes to amend Article I, Section 11 of the Texas Constitution to require denial of bail pending trial for persons accused of certain violent or sexual felonies when the state’s attorney proves by clear and convincing evidence after a hearing that bail would not reasonably ensure the accused’s appearance in court or the safety of the community, law enforcement, or the victim. The amendment applies specifically to allegations of murder, capital murder, aggravated assault causing serious bodily injury or involving a weapon, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, and continuous trafficking of persons. These enumerated offenses define the narrow set of cases in which bail must be denied under the proposed constitutional provision. Before denying bail, the state’s attorney must present clear and convincing evidence at a pretrial hearing. The accused is entitled to be represented by counsel at that hearing. Judicial officers who grant bail under these circumstances must prepare a written order including findings of fact and a statement explaining their justification for granting bail and how the release conditions will reasonably prevent nonappearance and ensure safety. Supporters of the amendment contend that it bolsters public safety by keeping the most dangerous accused offenders in custody pending trial, reducing the risk of new violent offenses committed while out on bond. They point to cases where alleged violent defendants released on bail later committed additional serious crimes and argue that mandatory denial in high‐risk cases protects communities. Opponents argue that enshrining these bail restrictions in the state constitution expands pretrial detention and limits judicial discretion, raising due process concerns. Critics note that bail policy can be addressed by statute or court rule and caution against mandating detention for accused persons who have not yet been convicted, potentially imposing unnecessary hardship and burdening the justice system.

Key Voting Considerations

Voting YES means:

A YES vote approves adding a provision to the state constitution that mandates denial of bail for individuals charged with certain violent or sexual felony offenses when prosecutors demonstrate by clear and convincing evidence that bail would risk flight or public safety. It ensures that judges must keep these defendants in custody pending trial under those conditions.

Voting NO means:

A NO vote rejects the amendment, leaving current constitutional and statutory bail provisions unchanged. Bail eligibility and conditions would continue to be governed by existing laws, rules, and judicial discretion without the mandated denial for specified offenses.

This summary provides the full text of the ballot measure for your review.

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