SENATE PASSES MEASURE TO DENY BOND TO REPEAT OFFENDERS

(AUSTIN) — Those accused of the most serious crimes under Texas law could be denied bail if they have a previous conviction for another serious crime or are out on bond for one under a measure approved by the Senate on Wednesday. SJR 87, by Houston Senator Joan Huffman, would ask voters to approve an amendment to the state constitution that would require that judges set no bond for people accused of certain serious felony offenses if they are repeat offenders. State bail records show that of the 30,000 individuals charged with one of these serious, violent crimes, almost two-thirds had bonds set at $50,000 or less. Twenty-three individuals, said Huffman, who were charged with murder received bonds of less than $100. This is unacceptable, she said. “SJR 87 draws a clear line in the state of Texas: we will no longer tolerate truly violent, repeat offenders to be out on the streets re-victimizing our communities,” said Huffman.

The bill would apply to those charged with the following crimes: murder, aggravated assault with a deadly weapon or that results in grievous bodily harm, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, or human trafficking. If a person is charged with one of these crimes, and the judge issues a probable cause finding that the person likely committed this crime, then they must be denied bond if they have a previous conviction for one of those crimes or are out on bail for one.

The Senate advanced HB 9, sponsored by Houston Senator Paul Bettencourt, which would increase the business personal property exemption to $150,000.

Bail reform was given the emergency item tag by Governor Greg Abbott back in January and the Senate responded swiftly, passing several bail reform measures in early February. Two are proposals for constitutional amendments. SJR 1 would require that bail be denied for any felony suspect who is in the country illegally, and SJR 5 would allow judges to deny bail to violent felony offenders if there is clear and convincing evidence that the person is a flight risk or presents a threat to the public if released. SB 9 makes several reforms, like requiring that elected judges, not unelected magistrates set bond in cases involving defendants with multiple felony convictions, eliminates personal bonds for some offenses, and requires that judges explain certain bonding decisions. All three measures were passed by a House committee on Monday, and will now be set for debate before the full House. Similar bills have passed the Senate in recent sessions, but failed to meet the two-thirds vote threshold required for proposals for constitutional amendments in the House. Huffman is hopeful that this time, they will reach Abbott’s desk. “I remain optimistic that our House colleagues will soon pass these discretionary bail denial joint resolutions,” she said. Wednesday’s SJR 87 is needed, she said, in case some judges don’t get the Legislature’s intent regarding bail decisions. “My greatest concern is that there are a few judges who may continue to ignore these new tools that help protect our communities,” she said. If the resolution is passed and approved by voters, they won’t have a choice in these cases.

Also on Wednesday, the Senate approved House bills that would significantly raise the exemption on the business personal property tax, from $2,500 to $125,000. Bill sponsor and Houston Senator Paul Bettencourt says this looks to save small businesses thousands off their annual tax bills. “The average exemption will now save businesses almost twenty five hundred dollars per year on their BPP tax bill,” he said. The bills, HJR 1 and its enabling legislation HB 9, are part of an agreement reached with the House on how to deliver property tax relief this session, with that chamber set to pass the Senate’s bill to raise the homestead exemption to $140,000 for most homeowners and $200,000 for disabled or over-65 homeowners. “When we combine HB 9 with SB 4 and SB 23, we basically have property tax relief for all home and business owners in the state of Texas,” said Bettencourt.

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