AUSTIN, Texas -- Bail is one of the oldest guarantees in American law. It's essentially a promise that a defendant can go free while awaiting trial if they post money to assure their return to court. But in Texas, that promise is on the ballot.

Proposition 3, one of the most watched amendments in next week’s statewide election, would expand Texas courts’ power to deny bail altogether in certain felony cases.

Currently, the Texas Constitution allows judges to hold defendants without bail only in capital murder cases. Proposition 3 would add six more offenses: murder, aggravated assault, kidnapping, robbery, sexual assault, indecency with a child, and human trafficking.

Ken W. Good, a criminal-defense and bail attorney who sits on the Board of Directors of the Professional Bondsmen of Tex

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