Senate Joint Resolution No. 5, proposed by Senator Huffman and others, seeks to amend the Texas Constitution to allow for the denial of bail in specific circumstances for individuals accused of serious crimes, including certain violent offenses, sexual offenses punishable as a first-degree felony, and continuous trafficking of persons. Under this resolution, a judge or magistrate can 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.

If bail is denied, the judge or magistrate must provide a written order detailing the findings of fact and the rationale for 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 require testimonial evidence for bail decisions. The proposed amendment will be presented to voters in an election scheduled for November 4, 2025, allowing them to decide on the authorization of bail denial under these limited circumstances.