The resolution proposes an amendment to the Texas Constitution that would allow for the denial of bail in specific circumstances for individuals accused of serious crimes, including certain violent offenses, sexual offenses punishable as felonies of the first degree, and 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.
If bail is denied, the judge or magistrate must provide a written order detailing the findings and reasons for the decision. The amendment does not limit the rights of individuals to contest bail decisions or the amounts set, nor does it require testimonial evidence for bail determinations. 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 specified conditions.