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Texas Voters Approve Proposition 3 to Curb Bail for Violent and Sexual Felonies

The amendment takes effect Jan. 1, 2026, shifting bail decisions toward pretrial detention in specified violent and sexual felony cases.

Overview

  • Early results showed nearly 64% support for the constitutional change, which originated as Senate Joint Resolution 5.
  • Judges must deny bail for listed offenses such as murder, aggravated assault, aggravated kidnapping, robbery, sexual assault, indecency with a child, and human trafficking if the state proves detention is necessary for safety or court appearance.
  • The measure guarantees the right to an attorney at bail hearings and requires written justifications when bail is granted in covered cases, according to local reporting.
  • Supporters including Gov. Greg Abbott and Crime Stoppers of Houston argue the policy will keep high‑risk defendants from reoffending before trial.
  • Opponents and civil rights groups warn of due‑process risks, potential overcrowding in jails, and likely constitutional challenges as courts implement the new rules.