The proposed joint resolution seeks to amend the Texas Constitution to allow for the denial of bail in certain circumstances for individuals accused of violent or sexual offenses, as well as continuous trafficking of persons. Specifically, it stipulates that a judge or magistrate may deny bail if they determine, through 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. Additionally, the resolution mandates that judges impose the least restrictive conditions necessary for bail to ensure compliance with court appearances and community safety.
Furthermore, if bail is denied, the judge or magistrate is required to provide a written order detailing the findings of fact and the rationale behind the decision. The resolution clarifies that it does not limit a person's rights to contest a bail denial or the amount set, nor does it necessitate testimonial evidence for bail decisions. This constitutional amendment will be presented to voters in an election scheduled for November 4, 2025, allowing the public to decide on the proposed changes regarding bail for serious offenses.