Proposition 3: Texans will decide if bond should be denied for defendants charged with certain crimes

Bail reform on Texas election 2025 ballot

Proposition 3 would allow Texas judges to deny bond to defendants charged with certain violent or sexual offenses. FOX 26's Randy Wallace spoke to supporters and opposers of the proposition.

HOUSTON - On Tuesday, Texans will have the final say on whether judges in the state will have an expanded opportunity to deny bond for certain defendants.

Texas election 2025: Bail reform on the ballot

Big picture view:

If Proposition 3 passes, it would allow judges to deny bond to defendants charged with certain violent or sexual offenses, including aggravated assault causing serious bodily injury, aggravated kidnapping, robbery, sexual assault, and human trafficking.

Currently, capital murder is the only crime judges can deny bond and keep the defendant behind bars while awaiting trial.

What they're saying:

"We've been doing Breaking Bond for more than five years and repeatedly called attention to the fact that judges have no choice they have no discretion," said Andy Kahan of Crime Stoppers. 

"It's discretionary with judges and, if they do the right thing and keep these people locked up where they need to be, that really will save lives and that's the bottom line here," said State Senator Joan Huffman, who sponsored the bill.

The other side:

Brent Mayr, President of the Harris County Criminal Lawyers Association, says bail should be used as "an instrument of suppression."

The HCCLA wants voters to say no to Prop 3.

"I think all Texans should be concerned about a law that wants to take away our constitutional rights we are all entitled to," Mayr said. "When we take someone's liberty before they've been convicted, before they've gone to trial, we have to remember people are presumed innocent."