SJR5 - Proposing a constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.

      S.J.R. No. 5         proposing a constitutional amendment requiring the denial of bail   under certain circumstances to persons accused of certain offenses   punishable as a felony.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article I, Texas Constitution, is amended by   adding Section 11d to read as follows:           Sec.   11d.     (a)   This section applies only to a person accused   of committing one or more of the following offenses:                 (1)  murder;                 (2)  capital murder;                 (3)  aggravated assault if the person:                       (A)     caused serious bodily injury, as that term is   defined by general law, to another; or                       (B)     used a firearm, club, knife, or explosive   weapon, as those terms are defined by general law, during the   commission of the assault;                 (4)  aggravated kidnapping;                 (5)  aggravated robbery;                 (6)  aggravated sexual assault;                 (7)  indecency with a child;                 (8)  trafficking of persons; or                   (9)  continuous trafficking of persons.           (b)     A person to whom this section applies shall be denied   bail pending trial if the attorney representing the state   demonstrates:                 (1)     by a preponderance of the evidence after a hearing   that the granting of bail is insufficient to reasonably prevent the   person's wilful nonappearance in court; or                 (2)     by clear and convincing evidence after a hearing   that the granting of bail is insufficient to reasonably ensure the   safety of the community, law enforcement, and the victim of the   alleged offense.           (c)     A judge or magistrate who grants a person bail in   accordance with this section shall:                 (1)     set bail and impose conditions of release   necessary only to reasonably:                       (A)     prevent the person's wilful nonappearance in   court; and                       (B)     ensure the safety of the community, law   enforcement, and the victim of the alleged offense; and                 (2)     prepare a written order that includes findings of   fact and a statement explaining the judge's or magistrate's   justification for the grant and the determinations required by this   section.           (d)  This section may not be construed to:                 (1)     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                 (2)     require any testimonial evidence before a judge or   magistrate makes a bail decision with respect to a person to whom   this section applies.           (e)     For purposes of determining whether a preponderance of   the evidence or clear and convincing evidence, as applicable,   exists as described by this section, a judge or magistrate shall   consider:                 (1)     the likelihood of the person's wilful   nonappearance in court;                 (2)     the nature and circumstances of the alleged   offense;                 (3)     the safety of the community, law enforcement, and   the victim of the alleged offense; and                 (4)  the criminal history of the person.           (f)     At a hearing described by this section, a person is   entitled to be represented by counsel.          SECTION 2.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 4, 2025.   The ballot shall be printed to permit voting for or against the   proposition:  "The constitutional amendment requiring the denial of   bail under certain circumstances to persons accused of certain   offenses punishable as a felony."               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.J.R. No. 5 was adopted by the Senate   on February 20, 2025, by the following vote: Yeas 28, Nays 2; and   that the Senate concurred in House amendment on May 29, 2025, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.J.R. No. 5 was adopted by the House,   with amendment, on May 19, 2025, by the following vote: Yeas 133,   Nays 8, three present not voting.       ______________________________   Chief Clerk of the House            Received:     ______________________________                Date       ______________________________         Secretary of State