Texas voters will soon be asked to amend the state’s constitution and allow judges to deny bail in certain high-risk cases; a measure approved with bipartisan support by the Texas Legislature and put to voters on the upcoming November ballot.
Bail—money or conditions set for pretrial release—serves two purposes: ensuring defendants appear in court and protecting public safety.
Currently, the Texas constitution says every individual has a right to bail with exception to a narrow list of offenses. Even then, judges have limited authority to detain dangerous individuals before trial, which has sometimes allowed those charged with violent crimes to return to communities and put more victims and neighborhoods at risk.
Senate Joint Resolution 5, if approved by voters, would allow judges to deny bail in serious violent cases when prosecutors demonstrate by clear and convincing evidence that a defendant poses a threat or is likely to flee.
The proposed amendment would …
- Focus on the most serious and violent crimes and criminal histories:Targets violent offenders and repeat offenders.
- Maintain judicial discretion: Each case evaluated individually with judges demonstrating discretion.
- Balance safety and rights: Ensures public safety without eliminating bail entirely.