Texas voters approve requiring judges to deny bail for certain violent felony charges

Texas voters approved a constitutional amendment Tuesday that requires judges deny bail to defendants charged with certain violent felonies.

Proposition 3, also known as Senate Joint Resolution 5 (SJR 5), expands bail denial eligibility to those charged with murder, capital murder or certain aggravated assault, kidnapping, robbery, sexual assault, indecency with a child and human trafficking.

Judges shall deny bail to defendants they believe are likely to skip court or pose a clear threat to public safety, according to the amendment.

Judges will then have to provide a written order explaining their decision.

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More than 60% of Texas voters supported Proposition 3 at the ballots, according to data compiled early Wednesday morning.

Critics of the amendment argue it violates the freedoms of those accused of certain crimes, especially those who are falsely accused, and drive up the state’s already overcrowded jails, the Texas Tribune reported.

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Supporters of the state’s broader bail reform crackdown have said the amendment will improve public safety by keeping high-risk defendants in custody before trial and improve current bail laws that fail to protect public safety.

Gov. Greg Abbott posted his support for Proposition 3 on social media last month.

“Murderers belong behind bars. Not set free to kill again like what happened in Houston and other places,” Abbott wrote. “Proposition 3 on the ballot this November needs your vote to ensure Texas keeps the most dangerous criminals behind bars.”