State of Texas Proposition 3

The constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.

The 2025 Explanatory Statements for the November 4, 2025 Constitutional Amendment Election document from the Texas Secretary of State website includes the following information:

SJR 5 [Proposition 3] proposes a constitutional amendment to require the denial of bail pending trial for persons accused of certain criminal offenses. The proposed amendment would apply only to a person accused of committing one or more of the following offenses: murder; capital murder; aggravated assault if the person caused serious bodily injury to another, as defined by law, or the person used a firearm, club, knife, or explosive weapon, as those terms are defined by law, during the commission of the assault; aggravated kidnapping; aggravated robbery; aggravated sexual assault; indecency with a child; trafficking of persons; or continuous trafficking of persons. Under the proposed amendment, a person accused of one or more of these offenses must be denied bail pending trial if the attorney representing the state demonstrates by a preponderance of the evidence that the granting of bail is insufficient to reasonably prevent the person’s willful nonappearance in court; or the attorney representing the state demonstrates by clear and convincing evidence that the granting of bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim of the alleged offense. A judge or magistrate who grants bail to a person accused of one or more of these offenses under the proposed amendment must set bail and impose conditions of release necessary only to reasonably prevent the person’s willful nonappearance in court and ensure the safety of the community, law enforcement, and the victim of the alleged offense. The judge or magistrate must also prepare a written order that includes findings of fact and a statement explaining the justification for the grant of bail. The proposed amendment specifies that it may not be construed to limit any right a person has under other law to contest a denial of bail or to contest the amount of bail set by a judge or magistrate or to require any testimonial evidence before a judge or magistrate makes a bail decision with respect to a person to whom the amendment applies. A judge or magistrate who determines whether a preponderance of the evidence or clear and convincing evidence exists under the proposed amendment shall consider the likelihood of the person’s willful nonappearance in court; the nature and circumstances of the alleged offense; the safety of the community, law enforcement, and the victim of the alleged offense; and the criminal history of the person. A person is entitled to be represented by counsel at a hearing described by the proposed amendment.