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HJR 15

Proposing a constitutional amendment authorizing the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons.

89th Legislature (2025) Introduced by Daniel Alders and 63 co-sponsors

Texas would amend its constitution to allow courts to deny bail for people accused of violent crimes, sexual offenses, or human trafficking before trial conviction.

Left pending in committee
#courts--judges(i0140) #crimes--againstpersons--sexual(i0171) #criminalprocedure--bail&pretrialrelease(i0202) #evidence(s0250) #humantrafficking(s0696) #magistrates(s1592) #resolutions--constitutionalamendments(i0661)
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Bill Summary · HJR 15

Legislative bill overview

HJR 15 proposes a constitutional amendment to the Texas Constitution that would allow courts to deny bail to individuals accused of specific violent crimes, sexual offenses, or human trafficking. Currently, Texas law generally presumes the right to bail except in capital murder cases. This amendment would expand the circumstances under which bail can be denied prior to trial conviction.

Why is this important

Bail policy directly affects pretrial detention, which impacts defendants' ability to prepare legal defense, maintain employment, and preserve family relationships. Constitutional amendments require voter approval and permanently alter state law, making this a significant change to criminal procedure rights that would affect thousands of accused persons annually in Texas.

Potential points of contention

  • Presumption of innocence vs. public safety: Denying bail before conviction challenges the constitutional principle that accused persons are innocent until proven guilty, potentially detaining people who may ultimately be acquitted
  • Vague crime definitions: The amendment references "certain violent or sexual offenses" without specifying which crimes qualify, potentially creating inconsistent application across courts and jurisdictions
  • Disparate impact concerns: Pretrial detention disproportionately affects lower-income defendants who cannot afford bail; expanded denial powers may worsen racial and economic disparities in the criminal justice system
  • Due process questions: Critics may argue that bail denial without conviction requires heightened procedural protections and clear evidentiary standards not detailed in the amendment text

Compiled from official sources — confirm details with the bill’s official record.

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