Texas Senate Advances Constitutional Amendment to Deny Bail for Violent Repeat Offenders

The Texas Senate approved a measure that will allow judges to deny bail to individuals accused of serious violent crimes if they have prior convictions or are already out on bond for similar offenses. Senate Joint Resolution 87, authored by Sen. Joan Huffman (R), seeks to amend the state constitution and will require voter approval.

“SJR 87 draws a clear line in the state of Texas: we will no longer tolerate truly violent, repeat offenders to be out on the streets re-victimizing our communities,” Huffman said on the Senate floor.

The resolution targets individuals charged with certain high-level felonies, including murder, aggravated assault with a deadly weapon or resulting in serious injury, aggravated kidnapping, robbery, or sexual assault, as well as human trafficking and indecency with a child.

Under the proposed amendment, if a judge determines there is probable cause that a person committed one of these crimes, and the individual either has a prior conviction or is already out on bond for a similar charge, bail must be denied.

According to Sen. Huffman, current bail practices are inconsistent and, in some cases, dangerously lenient. She pointed to state records showing that of the 30,000 individuals charged with these serious offenses, nearly two-thirds had bonds set at $50,000 or less. In 23 murder cases, bonds were set at under $100.

“This is unacceptable,” Huffman said.

Bail reform has been a priority for state leaders, including Gov. Greg Abbott (R), who designated it an emergency item at the start of the session. In February, the Senate passed multiple related measures, including two additional proposed constitutional amendments: SJR 1, which would allow judges to deny bail to felony suspects in the country illegally, and SJR 5, which would expand judicial discretion to deny bail in violent felony cases when there is clear and convincing evidence of a public safety risk or flight risk.

Sen. Huffman said SJR 87 is necessary to ensure that courts follow legislative intent.

“My greatest concern is that there are a few judges who may continue to ignore these new tools that help protect our communities,” Huffman said. If voters approve the resolution in November, the mandate to deny bail in qualifying cases would be constitutional—and mandatory.