SJR 5 Texas Senate · 89th Legislature (2025)

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

SJR 5 proposes a constitutional amendment that would allow judges to deny bail to individuals accused of certain violent or sexual offenses punishable as first-degree felonies, or continuous human trafficking. It directly affects people facing these specific charges by requiring judges to find, by clear and convincing evidence, that bail would not ensure court appearance or community safety. Key provisions include mandating written orders with specific findings for bail denials and requiring judges to consider standard bail factors under existing law. The amendment must be approved by voters in November 2025 to take effect, as it is a proposed constitutional change rather than an immediate law.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
May 2025
Senate Passage
May 2025
House Passage
Jun 2025
Governor
Introduced Feb 7, 2025 Last action Jun 2, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Enrolled · 6 edits · Jun 1, 2025
MODERATE
The enrolled version of the bill significantly expands the scope of offenses eligible for bail denial by adding specific violent crimes like murder, capital murder, aggravated assault, aggravated kidnapping, aggravated robbery, and aggravated sexual assault. It also clarifies the legal standards for denying bail, requiring a preponderance of evidence for nonappearance and clear and convincing evidence for public safety, while adding new protections for defendants' rights and specifying factors judges must consider.
Scope change
Expanded from general 'violent or sexual offenses' to a specific list of nine felony-level offenses including murder, capital murder, aggravated assault, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, and continuous trafficking of persons.
ELIGIBILITY

Added nine specific offenses to the list of crimes that may qualify for bail denial, including murder, capital murder, aggravated assault, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, and continuous trafficking of persons.

REQUIREMENT

Changed the evidence standard for denying bail based on nonappearance from 'clear and convincing evidence' to 'preponderance of the evidence', while keeping 'clear and convincing evidence' for public safety concerns.

Added new requirement that judges must set bail conditions only necessary to prevent nonappearance and ensure safety, and must prepare written orders with findings of fact and justification for granting bail.

Added new provision requiring defendants to have counsel representation at bail hearings.

Added specific factors judges must consider including likelihood of nonappearance, nature and circumstances of offense, safety concerns, and criminal history.

ENFORCEMENT

Changed the ballot language from 'authorizing the denial of bail' to 'requiring the denial of bail' to reflect the mandatory nature of the provision when conditions are met.

Floor votes · House May 19, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
54
Key actions
13
Committee
9
Amendments
8
Jun 2, 2025
Introduced
Filed with the Secretary of State
executive
Jun 1, 2025
Lower · Passed
Signed in the House
lower
May 31, 2025
Upper · Passed
Signed in the Senate
upper
May 29, 2025
Introduced
Senate concurs in House amendment(s)-reported
lower
May 29, 2025
Introduced
Senate concurs in House amendment(s)
upper
May 29, 2025
Introduced
House amendment(s) laid before the Senate
upper
May 20, 2025
Upper · Passed
House passage as amended reported
upper
May 19, 2025
Lower · Passed
Adopted as amended
lower
May 19, 2025
Introduced
Point of order sustained (amendment)
lower
May 19, 2025
Introduced
Amendment(s) offered
lower
May 19, 2025
Lower · Passed
Amended
lower
May 19, 2025
Introduced
Placed on Constitutional Amendments Calendar
lower
May 15, 2025
Lower · Passed
Committee report sent to Calendars
lower
May 15, 2025
Lower · Passed
Committee report distributed
lower
May 12, 2025
Lower · Passed
Reported favorably as substituted
lower
Mar 25, 2025
Committee
Referred to Criminal Jurisprudence
lower
Mar 25, 2025
Introduced
Read first time
lower
Feb 25, 2025
Introduced
Received from the Senate
lower
Feb 20, 2025
Upper · Passed
Passed
upper
Feb 13, 2025
Upper · Passed
Committee report printed and distributed
upper
Feb 13, 2025
Upper · Passed
Reported favorably w/o amendments
upper
Feb 12, 2025
Upper · Passed
Vote taken in committee
upper
Feb 12, 2025
Upper · Passed
Testimony taken in committee
upper
Feb 7, 2025
Committee
Referred to Criminal Justice
upper
Feb 7, 2025
Introduced
Read first time
upper
5 primary · 81 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of A.J. Louderback
A.J. Louderback
RRepublican
TX
30
P
Photo of Joan Huffman
Joan Huffman
RRepublican
TX
17
P
Photo of Joe Moody
Joe Moody
DDemocratic
TX
78
P
Photo of John Smithee
John Smithee
RRepublican
TX
86
P
Photo of Mano DeAyala
Mano DeAyala
RRepublican
TX
133
Co
Photo of Alan Schoolcraft
Alan Schoolcraft
RRepublican
TX
44
Co
Photo of Andy Hopper
Andy Hopper
RRepublican
TX
64
Co
Photo of Angela Paxton
Angela Paxton
RRepublican
TX
8
Co
Photo of Ben Bumgarner
Ben Bumgarner
RRepublican
TX
63
Co
Photo of Bob Hall
Bob Hall
RRepublican
TX
2
Co
Photo of Brad Buckley
Brad Buckley
RRepublican
TX
54
Co
Photo of Brandon Creighton
Brandon Creighton
RRepublican
TX
4
Co
Photo of Brent Hagenbuch
Brent Hagenbuch
RRepublican
TX
30
Co
Photo of Brent Money
Brent Money
RRepublican
TX
2
Co
Photo of Brian Birdwell
Brian Birdwell
RRepublican
TX
22