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SJR 5

Proposing a constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.

89th Legislature (2025) Introduced by Daniel Alders and 85 co-sponsors

Texas proposes constitutional amendment permitting courts to deny bail for defendants accused of certain felonies, shifting from presumptive bail rights toward preventive detention.

Filed with the Secretary of State
#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 · SJR 5

Legislative bill overview

SJR 5 proposes a constitutional amendment to the Texas Constitution that would allow courts to deny bail to individuals accused of certain felony offenses. Currently, Texas law presumes a right to bail for most defendants; this amendment would create exceptions permitting bail denial for specific serious crimes.

Why is this important

This amendment addresses public safety concerns by potentially keeping accused individuals charged with violent or serious felonies in custody pending trial. It represents a significant shift in Texas bail policy, moving away from the presumption of bail toward preventive detention for certain offense categories, which affects both criminal justice procedure and individual liberty protections.

Potential points of contention

  • Due process concerns: Critics argue that denying bail without conviction effectively imposes punishment before trial, potentially violating due process rights and the presumption of innocence
  • Defining "certain offenses": The amendment's language regarding which felonies qualify for bail denial creates ambiguity and may lead to inconsistent application across counties and judges
  • Disparate impact: Bail denial disproportionately affects lower-income defendants who cannot afford alternative release conditions, raising equity questions about who remains detained
  • Prosecution vs. defense incentives: Prosecutors may have increased leverage in plea negotiations if defendants face detention, potentially affecting case outcomes independent of evidence strength

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

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