By: Huffman, Bettencourt, Kolkhorst	S.J.R. No. 5
	(In the Senate - Filed February 7, 2025; February 7, 2025,
	read first time and referred to Committee on Criminal Justice;
	February 13, 2025, reported favorably by the following vote:
	Yeas 6, Nays 0; February 13, 2025, sent to printer.)
Click here to see the committee vote

	SENATE JOINT RESOLUTION
	proposing a constitutional amendment authorizing the denial of bail
	under limited circumstances to a person accused of certain violent
	or sexual offenses or of continuous trafficking of persons.
	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) A person accused of committing a sexual
	offense punishable as a felony of the first degree, of committing a
	violent offense, or of committing continuous trafficking of persons
	may be denied bail pending trial if a judge or magistrate determines
	by clear and convincing evidence after a hearing that requiring
	bail and conditions of release is insufficient to reasonably
	ensure:
	(1)  the person's appearance in court as required; or
	(2)  the safety of the community, law enforcement, or
	the victim of the alleged offense.
	(b)  A judge or magistrate who denies a person bail in
	accordance with this section shall prepare a written order that
	includes findings of fact and a statement explaining the judge's or
	magistrate's reason for the denial.
	(c)  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.
	(d)  For purposes of determining whether clear and
	convincing evidence exists to deny a person bail as described by
	this section, a judge or magistrate shall consider the factors
	required to be considered by a judge or magistrate in setting bail
	under general law, including statutory law governing criminal
	procedure.
	(e)  In this section, "violent offense" and "sexual offense"
	have the meanings assigned by Section 11a of this article.
	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 authorizing the denial
	of bail under limited circumstances to a person accused of certain
	violent or sexual offenses or of continuous trafficking of
	persons."
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