Members of the Texas Senate passed a constitutional amendment that would allow judges to deny bail to certain individuals accused of violent or sexual offenses or continuous trafficking of persons.
Senate Joint Resolution 5 by State Sen. Joan Huffman (R-Houston) was passed 28-2 on Thursday. It comes just one day after members forwarded three other bail reform items, including the denial of bail to illegal aliens accused of felonies, to the House.
Huffman said SJR 5 “would expand the potential denial of bail to include persons accused of committing a sexual offense punishable as a felony of the first degree—So that’s a sexual assault where a weapon was involved, or serious bodily injury occurred—of committing a violent offense as defined by the Constitution, or of committing continuous trafficking of persons.”
However, under the proposed constitutional amendment, a judge or magistrate “must first determine by clear and convincing evidence that the 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 defense,” she added.
State Sen. Juan Hinojosa, a Democrat from McAllen who has supported bail reform, asked Huffman how many times senators forwarded joint resolutions similar to SJR 5 in the past.
“I believe at least [sic] five” times, answered Huffman.
That includes two notable attempts in 2021 and 2023, which senators passed but were ultimately killed by House members.
“So it happens that we have strong support in the Senate for giving our district judges an option they don’t presently have,” explained Hinojosa. “Under present law, even if they know that that person is a danger to the public or can commit a violent crime or even threaten the victim, they can be released on bond.”
The bail items passed this week are part of a broader reform initiative.
Lt. Gov. Dan Patrick has specifically put his support behind SJR 1, the denial of bail to illegal aliens, and Senate Bill 9, which would prevent the release on bail of individuals charged with certain violent offenses, including murder.
Gov. Greg Abbott also listed SB 9 as a top priority this session in his State of the State Address.
Patrick praised the passage of SJR 5 in a statement released after the Senate recessed until Monday.
“Repeat offenders should not be allowed to roam freely, continuing their crime sprees and causing chaos across our state,” stated Patrick. “The Texas Senate has listened to the concerns of Texans statewide whose lives have been destroyed by criminals released on low bonds or no bonds at all set by irresponsible judges or magistrates
The items will now be sent to the House. According to Patrick, House Speaker Dustin Burrows (R-Lubbock) has pledged to pass bail reform in some capacity.
Before constitutional amendments can take effect, voters must approve them in an election after members of both chambers of the Texas Legislature have approved them.
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