TX SJR5

Proposes adding Section 11d to Article I of the Texas Constitution to require denial of bail for persons accused of specific violent felonies including murder, capital murder, aggravated assault with serious bodily injury or weapons, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, and trafficking of persons

Bail must be denied if prosecutors demonstrate by preponderance of evidence that bail cannot prevent willful nonappearance in court, or by clear and convincing evidence that bail cannot ensure safety of the community, law enforcement, and the victim

Judges granting bail must set conditions necessary to prevent nonappearance and ensure safety, and must prepare written orders with findings of fact justifying their decisions

Judges must consider four factors: likelihood of nonappearance, nature and circumstances of the offense, safety of community/law enforcement/victim, and the defendant's criminal history

Constitutional amendment scheduled for voter approval on November 4, 2025; passed Senate 28-2 on February 20, 2025, and House 133-8 on May 19, 2025, with Senate concurrence 31-0 on May 29, 2025