Texas bail changes in 2025: SB 9 and Proposition 3

What did Proposition 3 change?

Voters approved Proposition 3 on November 4, 2025. It added Section 11d to Article I of the Texas Constitution (SJR 5 (Proposition 3)). It applies to people accused of murder, capital murder, aggravated assault causing serious bodily injury or using a firearm, club, knife or explosive weapon, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, or continuous trafficking of persons.

For those offenses, bail must be denied if the State shows after a hearing, by a preponderance of the evidence, that bail is insufficient to reasonably prevent willful nonappearance, or, by clear and convincing evidence, that bail is insufficient to reasonably ensure the safety of the community, law enforcement and the victim. The accused is entitled to a lawyer at the hearing. A judge who grants bail must issue a written order with findings. The Texas District and County Attorneys Association reported that the amendment took effect on November 19, 2025, and applies to offenses committed on or after that date.

What did SB 9 change?

• Appearance before release: before releasing a person charged with a felony on bail, a magistrate must ensure the person has appeared before the magistrate and that the magistrate has considered the public safety report (Code of Criminal Procedure 17.21(b)).
• Who can release in certain cases: appointed criminal law magistrates cannot release on bail people charged with certain felonies, including murder, capital murder, aggravated kidnapping and aggravated sexual assault, or people who were on bail, parole or community supervision for a felony at the time, or who have two or more prior felony prison convictions (17.027(a-2)).
• No personal bond for more offenses: the list of offenses that bar a personal bond grew to include, among others, unlawful possession of a firearm, violation of a family violence protective order and terroristic threat.
• Review of bail decisions: a district judge can review and modify a felony bail decision made by a magistrate without jurisdiction to try the case, at the prosecutor's request, by the next business day (17.029).
• State appeals of bail: prosecutors can appeal a bail amount they consider insufficient for a person charged with certain felonies while on bail for another felony, with an expedited 20-day appellate timeline (44.01(a)(7), (f-1)).
• Failure-to-appear findings: judgments and dismissal orders must record willful failures to appear (42.0195).

Source: SB 9 (89th Legislature, Regular Session), enrolled text and Senate Research Center analysis. SB 9 applies only to offenses committed on or after its effective date.

What does this mean after an arrest in Dallas County?

Felony bail decisions after an arrest booked at Lew Sterrett may take longer and may involve a hearing, especially for the listed violent offenses. Bring information that matters to bail, such as work, family ties, residence and medical needs, to your lawyer quickly.

What are the basic rules of bail in Texas?

The Texas Constitution guarantees bail in most cases, with exceptions listed in article I, sections 11 and 11a, which Proposition 3 expanded. When setting bail, the magistrate must consider the factors in Code of Criminal Procedure 17.15, including the nature of the offense, the person's ability to pay, the safety of the alleged victim and the community, and criminal history.

What types of bonds are there?

• Surety bond: a bail bond company posts the bond for a nonrefundable premium.
• Cash bond: the full amount is deposited with the court.
• Personal bond: release on a promise to appear, which is restricted for many offenses.

What conditions can be attached?

A magistrate may impose reasonable conditions related to safety and appearance (Code of Criminal Procedure 17.40). Common examples include no-contact orders and GPS monitoring in family violence cases (17.49), and an ignition interlock in certain intoxication cases (17.441).

What if the State is not ready for trial?

If a person is detained and the State is not ready for trial within 90 days on a felony or 30 days on a Class A misdemeanor, the person generally must be released on a personal bond or a reduced bond, with exceptions (Code of Criminal Procedure 17.151). The exceptions include some violent offenses and people who violate bond conditions, so the details should be checked for each case.

How can bail be challenged?

• A motion to reduce bail, supported by evidence of ability to pay, ties to the community and employment
• A request to modify conditions that are unreasonable or impossible to meet
• An application for a writ of habeas corpus

Where are these cases heard outside Dallas?

Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

How fast must a person be released if the State is not ready?

Code of Criminal Procedure 17.151 sets the time limits: 90 days for a felony, 30 days for a misdemeanor punishable by more than 180 days in jail, 15 days for a misdemeanor punishable by 180 days or less and 5 days for a fine-only misdemeanor, with exceptions in section 2 of that article.

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026