BAIL REFORM PACKAGE HEADS TO SENATE FLOOR

(AUSTIN) — The Senate Criminal Justice Committee on Wednesday unanimously passed a package of bills aimed at reforming the state’s bail bond system, specifically giving judges more latitude to deny bail to offenders they think pose a threat to the public. Legislation author and Houston Senator Joan Huffman says that judges too often grant bond to offenders who threaten public safety, putting lives at risk. “Since we started this journey back in January of 2021, there have been at least 162 homicide cases filed in Harris County for defendants released on one or more bonds at the time of a new murder offense,” she said. “One hundred and sixty two innocent lives lost in just Harris County alone.” The measures approved Wednesday would ask voters to approve constitutional amendments that would permit these reforms. “I’m betting that they are going to overwhelmingly want this,” said Huffman.

The Senate Criminal Justice committee passed a package of bills Wednesday by Houston Senator Joan Huffman that would reform the state’s bail system.

The first measure, SJR 1, would require judges to deny bail to felony offenders in the country illegally. Huffman said that it is undeniable that the state has seen an increase in illegal immigration over the last few years. “Unfortunately, this surge has also led to cases where illegal immigrants have committed serious crimes against residents with insufficient mechanisms in place to detain those who pose a considerable flight risk,” said Huffman. If approved by voters, the bill would amend the state constitution to require that any illegal alien, as defined by the resolution, accused of a felony offense be denied bail. In order to deny bail, the judge must establish probable cause that the accused person committed the offense. The bill is named in memory of Jocelyn Nungaray, a 12-year old girl who was murdered in June in Houston allegedly by two illegal immigrants from Venezuela. “These two men entered the country illegally, and were even apprehended near El Paso by Border Patrol, and subsequently released,” said Huffman. Further, the men were not denied bail upon apprehension, she said, even though their immigration status presented a clear flight risk. “If these men had the financial means, they could’ve been out on the streets today. That is unacceptable in the state of Texas,” said Huffman.

The second measure, SJR 5, would ask voters to approve the expansion of the categories of offenders for which a judge can deny bail. Huffman said it was similar to previous versions that passed the Senate with overwhelming approval, including a 30-1 vote in 2023. The bill, if approved by voters, would allow judges to deny bail to offenders accused of first degree felony sexual assault, a violent offense as already defined in the constitution, or continuous human trafficking. Denial of bail in these circumstances would only be permitted if there is clear and convincing evidence that it is necessary to ensure the safety of the public, the victim, or law enforcement. If a judge does deny bail, they would have to issue a written order explaining why.

The committee also approved SB 9 by Huffman, which proposes a number of changes to the bail system in Texas. It would require judges to explain certain bonding decisions, require that judges, rather than magistrates, set bail amounts in cases involving people convicted of multiple felonies and other serious crimes. “This ensures that the most important bail decisions are made by judges, who are elected officials and should be held accountable by their constituents,” said Huffman. It also tightens which offenders are eligible for release on a personal bond. Huffman reiterated that her intent is to target the most dangerous violent offenders. “This bill is a pointed effort focused on our violent repeat offenders,” said Huffman. “It does not alter bond practices surrounding lower level misdemeanors.”

In a post-hearing press conference, Lt. Governor Dan Patrick vowed passage of these bills into law this session. Following talks with Speaker Dustin Burrows, Patrick said he believes the support is there in the House this session. “I believe we have a commitment from the Texas House and from the Speaker to pass to this bail bond package,” he said. If not, Patrick said Governor Greg Abbott should call the legislature back into Austin in a special session to get it done.

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