Bill Text: TX SJR5 | 2025-2026 | 89th Legislature | Enrolled

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

Sponsorship: Broadly Bipartisan Bill

Status: (Passed) 2025-06-02 - Filed with the Secretary of State [SJR5 Detail]

Download: Texas-2025-SJR5-Enrolled.html

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S.J.R. No. 5

proposing a constitutional amendment requiring the denial of bail
under certain circumstances to persons accused of certain offenses
punishable as a felony.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, is amended by
adding Section 11d to read as follows:
Sec. 11d. (a) This section applies only to a person accused
of committing one or more of the following offenses:
(1) murder;
(2) capital murder;
(3) aggravated assault if the person:
(A) caused serious bodily injury, as that term is
defined by general law, to another; or
(B) used a firearm, club, knife, or explosive
weapon, as those terms are defined by general law, during the
commission of the assault;
(4) aggravated kidnapping;
(5) aggravated robbery;
(6) aggravated sexual assault;
(7) indecency with a child;
(8) trafficking of persons; or
(9) continuous trafficking of persons.
(b) A person to whom this section applies shall be denied
bail pending trial if the attorney representing the state
demonstrates:
(1) by a preponderance of the evidence after a hearing
that the granting of bail is insufficient to reasonably prevent the
person's wilful nonappearance in court; or
(2) by clear and convincing evidence after a hearing
that the granting of bail is insufficient to reasonably ensure the
safety of the community, law enforcement, and the victim of the
alleged offense.
(c) A judge or magistrate who grants a person bail in
accordance with this section shall:
(1) set bail and impose conditions of release
necessary only to reasonably:
(A) prevent the person's wilful nonappearance in
court; and
(B) ensure the safety of the community, law
enforcement, and the victim of the alleged offense; and
(2) prepare a written order that includes findings of
fact and a statement explaining the judge's or magistrate's
justification for the grant and the determinations required by this
section.
(d) This section may not be construed to:
(1) limit any right a person has under other law to
contest a denial of bail or to contest the amount of bail set by a
judge or magistrate; or
(2) require any testimonial evidence before a judge or
magistrate makes a bail decision with respect to a person to whom
this section applies.
(e) For purposes of determining whether a preponderance of
the evidence or clear and convincing evidence, as applicable,
exists as described by this section, a judge or magistrate shall
consider:
(1) the likelihood of the person's wilful
nonappearance in court;
(2) the nature and circumstances of the alleged
offense;
(3) the safety of the community, law enforcement, and
the victim of the alleged offense; and
(4) the criminal history of the person.
(f) At a hearing described by this section, a person is
entitled to be represented by counsel.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2025.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment requiring the denial of
bail under certain circumstances to persons accused of certain
offenses punishable as a felony."
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.J.R. No. 5 was adopted by the Senate
on February 20, 2025, by the following vote: Yeas 28, Nays 2; and
that the Senate concurred in House amendment on May 29, 2025, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.J.R. No. 5 was adopted by the House,
with amendment, on May 19, 2025, by the following vote: Yeas 133,
Nays 8, three present not voting.
______________________________
Chief Clerk of the House
Received:
______________________________
Date
______________________________
Secretary of State