Texas voters have approved a constitutional amendment requiring judges to deny bail for defendants charged with specific violent offenses, including murder and assault. The measure expands eligibility for bail denial and mandates written justifications for bail decisions.
Proposition 3, also known as Senate Joint Resolution 5 (SJR 5), expands bail denial eligibility to those charged with murder, capital murder, or certain aggravated assault, kidnapping, robbery, sexual assault, indecency with a child, and human trafficking. Judges are required to deny bail to defendants they believe are likely to skip court or pose a clear threat to public safety, according to the amendment.
Judges will now have to provide a written order explaining their decision on bail. The amendment aims to improve public safety by keeping high-risk defendants in custody before trial and addresses perceived flaws in current bail laws that fail to protect public safety.
More than 60% of Texas voters supported Proposition 3 at the ballots, according to early data compiled on Wednesday morning. Critics of the amendment argue that it violates the freedoms of those accused of certain crimes, particularly those who are falsely accused, and could drive up the state’s already overcrowded jails, as reported by the Texas Tribune.
Supporters of the state’s broader bail reform crackdown have said the amendment will improve public safety by keeping high-risk defendants in custody before trial. Governor Greg Abbott, a strong supporter of the measure, posted his endorsement on social media last month. He emphasized the need to keep dangerous criminals incarcerated before trial, stating, ‘Murderers belong behind bars. Not set free to kill again like what happened in Houston and other places.’
The amendment has sparked debate over the balance between public safety and due process, with supporters claiming it strengthens judicial oversight and reduces the risk of dangerous individuals being released on bail. Opponents, however, argue that the reform could lead to wrongful convictions and further strain the state’s prison system.