Proposition 3 - SJR 5 - Denial of Bail

A "YES" vote represents conservative position

  A "NO" vote represents liberal position

BALLOT LANGUAGE

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

WHAT IT MEANS

Yes

A "Yes" vote means that you desire to amend the Texas Constitution to require the denial of bail for the following crimes:

  • murder
  • capital murder
  • aggravated assault resulting in serious bodily injury to the victim or performed with a firearm, club, knife, or explosive
  • aggravated kidnapping, robbery, or sexual assault
  • indecency with a child
  • human trafficking

In order to deny bail, evidence must be provided that shows denial of bail is necessary to ensure either the person's appearance in court or the safety of the community, law enforcement, or the victim of the alleged offense.

No

A "No" vote means that you desire to retain the current language of the Texas Constitution which allows for the denial of bail in the following instances:

  • twice convicted of a felony
  • accused of a felony committed while on bail for a prior felony indictment
  • accused of a felony with a deadly weapon and have been previously convicted of a felony
  • accused of a violent or sexual offense while already under supervision for a felony

ARGUMENTS FOR AND AGAINST

Yes

“Our Texas bail system is broken. Too many Texans are falling victim to violent criminals who should be behind bars and off our streets. Unfortunately, our Texas Constitution won't allow it. Our judges cannot deny bail in most cases. That means if you have the money, you can get out of jail, commit another violent crime, and then get out of jail again, as many times as you can afford. If you don't have the money, you're stuck. Even if you're accused of a non-violent crime. This makes no sense. That's why lawmakers proposed a constitutional amendment to give judges the discretion to deny bail to the most violent offenders. Opponents will say this threatens the presumption of innocence. But that's not true. The US Supreme Court has already ruled that not every citizen has a right to bail if public safety is at risk. And many states deny bail pre-trial to the most dangerous offenders, putting safety first. Historically, this amendment has had support from Republican and Democrat lawmakers, and a new poll shows that 81% of Texas voters support it...” - Right on Crime

"Texas lacks viable options for detaining our most habitual violent felony offenders without bond. It has become clear that our local officials making bail determinations need this measure to protect the people of Texas from harm. SJR 5, if approved by the Texas voters, would amend Article I of the Texas Constitution to expand the options available to officials setting bail to include denial of bail under certain exceptional circumstances.

SJR 5 is a necessary step in protecting our communities from individuals accused of the most serious offenses, including first-degree sexual offenses, violent crimes, and continuous trafficking of people. By allowing courts to deny bail under these limited, but essential circumstances, we are prioritizing the safety of victims, law enforcement, and the public while ensuring that defendants' constitutional rights are upheld through clear and convincing evidentiary standards.” - John Whitmire, Houston Mayor  

“This proposition would amend Article I, Section 11, of our State Constitution to expand the options available to officials setting bail to include the option to deny bail under certain extraordinary circumstances. Specifically, it would give magistrates the ability to deny bail to individuals accused of committing: (1) a sexual offense punishable as a felony of the first degree; (2) a violent offense as defined by the Texas Constitution; or (3) continuous trafficking of persons. We believe in limited government, but the judicial system has failed us on this issue time after time. Too many violent criminals have been released on bail by liberal judges, only to go out and commit more violent crimes. Judges need better direction on denying bail when public safety is at risk, so we support this amendment.” - True Texas Project

No

“SJR 5 is a dangerous proposal that would undermine public safety and strip legally innocent Texans of their rights and freedom. This legislation threatens to fill already overcrowded and harmful jails with thousands of Texans for as little as a potential missed court date. 

The Texas Constitution already allows for the pretrial detention of many people who have been repeatedly arrested or charged with the most serious crimes. While judges should be able to detain someone pretrial if there is clear and convincing evidence that the person poses a significant risk of danger to others, SJR 5 is not that limited...

Any revision to the state constitution must protect liberty and due process for all Texans. SJR 5 fails to do so. This legislation blatantly disregards the presumption of innocence by allowing legally innocent people to be detained pretrial without a chance to adequately defend themselves..." - Emma Stammen, Policy Strategist, The Bail Project 

“SJR 5 would change the Texas constitution to allow detention without monetary bail for a wide variety of charges. The United States Supreme Court has been clear for decades that detention before trial, particularly without bail, should be a “carefully limited exception.” The federal government and states that have reduced or eliminated monetary bail, like Illinois and New Jersey, have tried to ensure that no-bail detention is “carefully limited” by restricting the charges for which it can be used and enshrining important due process protections in the law. However, Texas’ recent proposals would expand jailing without these careful limitations." - Prison Policy Initiative 

“While the Republicans have painted this proposition as a public safety measure to allow judges to deny bail for certain people accused of serious crimes if there’s evidence they’re a flight risk or a danger, the truth is it hands even more power to a criminal justice system that already targets Black and brown Texans at every stage. 

Pretrial detention is about punishment before conviction. We’ve seen it throughout history, from Jim Crow-era laws designed to keep Black people locked up and out of civic life, to today’s mass incarceration pipeline where wealth decides freedom. This amendment would embed those same injustices into our state constitution, eroding due process and expanding the reach of a system that profits off incarceration.” - Lone Star Left 

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

TEXAS PROPOSITION 3, DENIAL OF BAIL FOR CERTAIN VIOLENT OR SEXUAL OFFENSES PUNISHABLE AS A FELONY AMENDMENT (2025)

The question is on the ballot in Texas as a legislatively referred constitutional amendment on November 4, 2025. As of October 9, 2025, no committee to support or oppose the amendment has been identified. Thus, there is no record of funds raised to support either position.

No

TEXAS PROPOSITION 3, DENIAL OF BAIL FOR CERTAIN VIOLENT OR SEXUAL OFFENSES PUNISHABLE AS A FELONY AMENDMENT (2025)

The question is on the ballot in Texas as a legislatively referred constitutional amendment on November 4, 2025. As of October 9, 2025, no committee to support or oppose the amendment has been identified. Thus, there is no record of funds raised to support either position.

OTHER INFORMATION

Yes

No

Bill Analysis, Senate Research Center 

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