Code of Criminal Procedure · Art. 16.15
Bail in Capital Cases
Bail in Capital Cases (Art. 16.15): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Capital felony charged
- 'Proof is evident' standard (clear, strong evidence leading well-guarded judgment to conclude guilty)
- Even where proof is not evident, bail may be denied under art. I §§11a–11d where they apply
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Worked examples
Worked example 1
Bail in capital cases:
- Is automatically denied
- Is a constitutional right except where the proof is evident (art. I §11); since November 2025, bail must also be denied for capital murder if the State proves flight risk or danger after a hearing (art. I §11d) Correct
- Is set at a minimum of $1 million
- Is set automatically by the prosecutor
Why: Texas's bail clause provides that all prisoners shall be bailable by sufficient sureties unless for capital offenses when the proof is evident (art. I §11). A November 2025 amendment (art. I §11d) adds that a person accused of capital murder, murder or certain other violent offenses shall be denied bail if the State shows, after a hearing, that bail is insufficient to reasonably prevent wilful nonappearance (preponderance of the evidence) or to reasonably ensure the safety of the community, law enforcement and the victim (clear and convincing evidence). A judge or magistrate decides.
Statute: Tex. Const. art. I §11; art. I §11d; Tex. Code Crim. Proc. art. 16.15