S.J.R. No. 5 proposes a constitutional amendment to the Texas Constitution that mandates the denial of bail for individuals accused of specific serious felony offenses, including murder, capital murder, aggravated assault, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, and trafficking of persons. Under this amendment, a person can be denied bail if the state attorney can demonstrate, through a preponderance of evidence, that granting bail would not sufficiently prevent the accused from failing to appear in court or would not ensure the safety of the community, law enforcement, and the victim.

The resolution outlines the procedures for judges or magistrates when considering bail for these offenses, including the requirement to set bail conditions that are necessary to prevent nonappearance and ensure safety. It also emphasizes that individuals have the right to contest bail decisions and be represented by counsel during hearings. The proposed amendment will be presented to voters in an election scheduled for November 4, 2025, allowing the public to decide on the implementation of these changes to the bail system in Texas.