Bill > SJR17

This joint resolution proposes a constitutional amendment that would allow judges or magistrates to deny bail to individuals accused of specific serious crimes, including first-degree felony sexual offenses, violent offenses, and continuous trafficking of persons. Under this proposed amendment, bail can be denied if a judge determines through clear and convincing evidence at a hearing that releasing the defendant would not sufficiently ensure their court appearance or community safety. The judge must provide a written order explaining the reasons for bail denial, and the amendment does not limit a defendant's existing rights to contest the bail decision. When considering whether to deny bail, judges must evaluate factors already used in standard bail-setting procedures. The proposed amendment defines "violent offense" and "sexual offense" by referencing existing definitions in the Texas Constitution. If approved by voters in the November 4, 2025 election, this amendment would provide additional judicial discretion in pretrial detention for individuals accused of particularly serious crimes, with the stated goal of protecting public safety and ensuring defendants appear for trial.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SJR17