Overview
- Proposition 3 on the Nov. 4 ballot would let judges deny bail at prosecutors’ request in cases including murder, aggravated assault, kidnapping, robbery, sexual assault, indecency with a child, and human trafficking.
- Current Texas law allows detention without bail only in capital murder cases, so the measure would significantly broaden eligibility for preventive detention.
- To hold a defendant, prosecutors must show by a preponderance of the evidence that bail will not ensure court appearance and by clear and convincing evidence that release would endanger the community, law enforcement, or alleged victims.
- If voters pass the amendment, prosecutors could begin seeking bail denials immediately, with officials noting detention costs of about $100 per inmate per night as a practical constraint.
- Supporters say the change prioritizes public safety and aligns Texas with federal practice, while critics warn of weakened constitutional protections and potential jail strain, with Louisiana observers tracking the outcome.