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SJR 87

Proposing a constitutional amendment requiring the denial of bail to persons accused of certain offenses punishable as a felony who have previously been convicted of or who were released on bail for certain offenses punishable as a felony at the time of the new offense.

89th Legislature (2025) Introduced by Brian Birdwell and 6 co-sponsors

Texas constitutional amendment would automatically deny bail to felony defendants with prior felony convictions or prior bail releases, eliminating judicial discretion in these cases.

1 hr. notice-for reconsideration
#crimes--againstpersons--general(i0170) #crimes--againstpersons--sexual(i0171) #crimes--againstproperty(i0175) #criminalprocedure--bail&pretrialrelease(i0202) #minors--crimesagainst(i0532) #resolutions--constitutionalamendments(i0661)
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Bill Summary · SJR 87

Legislative bill overview

SJR 87 proposes a constitutional amendment to Texas law that would automatically deny bail to individuals accused of felonies if they have prior felony convictions or were out on bail for a felony when arrested for the new offense. This would remove judicial discretion in bail decisions for these specific circumstances and require the accused to remain in custody pending trial.

Why is this important

Bail policy directly affects fundamental rights—the presumption of innocence, access to legal counsel preparation, and ability to maintain employment and family ties before trial. This amendment would significantly restrict judges' ability to consider individual circumstances, potentially increasing jail populations and raising questions about whether pretrial detention becomes effectively a punishment before conviction. Texas courts have historically balanced public safety with individual circumstances, making this a substantial shift in judicial authority.

Potential points of contention

  • Due process concerns: Automatic denial removes individualized assessment of flight risk, danger to community, and other factors judges traditionally weigh; critics argue this violates constitutional protections
  • Disproportionate impact: Prior felony convictions correlate with socioeconomic and racial disparities in the criminal justice system, potentially amplifying existing inequities in pretrial detention
  • Judicial discretion: The amendment strips judges of authority to consider mitigating factors, tie to community, employment, or changed circumstances since prior convictions

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

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