Enrolled Bill Summary
Legislative Session: 89(R)
Senate Joint Resolution 5 | For Election: 11-4-25 |
Senate Author: Huffman et al. | Senate Committee: Criminal Justice |
House Sponsor: Smithee et al. | House Committee: Criminal Jurisprudence |
Senate Joint Resolution 5 proposes an amendment to the Texas Constitution to require a person to be denied bail pending trial under the following conditions:
- the state's attorney demonstrates by a certain evidentiary standard after a hearing that the granting of bail is insufficient to reasonably prevent the person's wilful nonappearance in court or ensure public safety; and
- the person is accused of committing certain violent, sexual, or trafficking offenses.
The resolution requires a judge or magistrate who grants a bail in accordance with the resolution's provisions to do the following:
- set bail and impose conditions of release necessary only to reasonably prevent the person's wilful nonappearance in person and ensure public safety; and
- prepare a written order that includes findings of fact and a statement explaining the justification for the grant and determinations required by the resolution's provisions.