The resolution proposes an amendment to the Texas Constitution that would allow for the denial of bail in specific circumstances for individuals accused of certain violent or sexual offenses, as well as continuous trafficking of persons. Under this amendment, a judge or magistrate could deny bail if they determine, through a hearing and by clear and convincing evidence, that requiring bail would not sufficiently ensure the accused's appearance in court or the safety of the community, law enforcement, or the victim. The judge or magistrate would be required to provide a written order detailing the findings and reasons for the bail denial.
This proposed amendment is set to be presented to voters in an election scheduled for November 4, 2025. The ballot will include a proposition allowing voters to express their support or opposition to the constitutional amendment, which aims to enhance public safety by enabling the denial of bail for individuals accused of serious offenses.