Texans have their eyes on a dramatic special session at the moment, but many new laws that passed during the regular session will take effect September 1. This week and next, the Chronicle is rounding up some of the bills set to change our state.
Judges impose bail on criminal defendants released from jail to ensure they will attend future court dates. Sen. Joan Huffman, author of Senate Joint Resolution 5, hopes to change this system, making it easier for judges to deny bail at the pretrial stage for defendants accused of committing certain heinous crimes.
The idea behind the bill, Huffman told the Texas Senate floor, is to strengthen judges’ ability to keep violent offenders out of Texas communities. To do so, SJR 5 changes the requirements given to judges when granting bail to criminal defendants accused of certain violent crimes, such as aggravated assault and human trafficking.
Previously, when judges denied a defendant’s request for bail, they had to produce a written order explaining their decision. Now, the opposite is true. When judges grant bail, they must produce a written order explaining why. When they don’t, no written order is required.
“We want the defendant to have due process, but there are people who do not deserve to be on the streets of this state.” – State Sen. Joan Huffman, R-Houston
“It’s a major, major step forward in our fight to keep the most violent offenders off the streets as they await trial in certain circumstances,” Huffman said.
Though written by Huffman, a tough-on-crime proponent, SJR 5 includes protections added later by the Texas House that help balance concerns around the rights of defendants.
Emma Stammen, policy strategist at nonprofit the Bail Project, explained that while the bill expands judges’ ability to detain people charged with certain offenses, it also provides several new constitutional protections that bolster defendants’ rights at the pretrial stage.
Stammen said that the bill’s changes and protections reflect a central dilemma in our criminal justice system: “How do we approach public safety in the pretrial system in the best possible way while also balancing people’s individual rights?” This amendment, she said, represents the resolution to this dilemma reached by Texas lawmakers for the time being.
These protections include a constitutional right to a lawyer for bail hearings and a distinction between unintentional and intentional non-appearances at pretrial proceedings. If passed, Texas will be the first state to guarantee these protections in its constitution.
“These due-process protections are pretty groundbreaking,” Stammen said. “SJR 5 stands out as pretty unique for state constitutional changes.”
However, it’s hard to predict exactly how this bill will impact Texans. Stammen said that a lot will depend on how judges interpret and apply SJR 5 in practice.
Sen. Huffman knows this, too. She concluded her final address to the Senate by speaking directly to the judges responsible for following and implementing this bill.
“We want the defendant to have due process, but there are people who do not deserve to be on the streets of this state,” Huffman said.
“There are people who have proven by their behavior, their actions, and the devastation that they have brought onto people that they must be behind bars, and judges, we are giving you that tool,” she said. “No more excuses.”
While Huffman pushed the legislation through both the Texas House and Senate, voters still have the final word. The question is left up to Texans to weigh the negative and positive effects of SJR 5 and its blend of expanded pretrial detention with increased due-process protections.
This article appears in August 15 • 2025.