While Gov. Greg Abbott recently signed several new bail reform measures, he has alluded to the possibility of a special session to finish the job.
In a May interview with the Texas Public Policy Foundation’s Brian Phillips, Right on Crime’s State Director Nikki Pressley noted the state’s lax policy and the urgent need for bail reform.
“We [Texans] definitely have some of the loosest bail laws … Even states like California, New York, New Jersey have way more offenses that you can be denied bail for.” She further noted, “It’s pretty crazy to me that these liberal states have more options to keep someone pre-trial.”
Experts are not the only ones who recognized the gaping hole in Texas’ bail policy. A poll found that an overwhelming 81 percent of Texans support bail reform measures across partisan lines, with 90 percent of Republicans and 73 percent of Democrats backing such measures.
Filed by State Rep. John Smithee (R–Amarillo), House Bill 75 amends Texas law to require written documentation within 24 hours if a magistrate fails to find probable cause of guilt for an arrested individual.
Amid a string of high-profile crimes in Texas, two bail reform measures became a significant legislative priority this session for Lt. Gov. Dan Patrick.
Among the measures passed was Senate Bill 9. Introduced by State Sen. Joan Huffman (R–Houston), this bill narrows the availability of pre-trial bail. It excludes individuals currently on bail as well as those previously convicted of serious crimes or repeated felonies.
Additionally, the bill implements a more thorough reporting system for individuals charged with crimes while expediting the bail form submission process.
SB 9 was created in response to the murder of 12-year-old Jocelyn Nungaray. Two illegal aliens have been accused of the crime.
Patrick’s other bail reform priority was Senate Bill 40, which prevents the use of taxpayer funds for the purpose of posting bail. If taxpayer funds are used, the bill allows members of the affected political subdivision to seek injunctive relief.
Both of these bills were signed by Abbott earlier this month.
Senate Joint Resolution 5 aims to amend the Texas Constitution. It would add provisions allowing judges to deny pre-trial bail to persons who would pose a threat to public safety if released on bail.
Derek M. Cohen, Ph.D, Texas Public Policy Foundation chief research officer and Right on Crime senior fellow, commented on the amendment: “Well meaning, safety-conscious judges were hamstrung [and] unable to keep dangerous ‘frequent flyers’ behind bars while awaiting trial. SJR 5, if passed by Texas voters in November, will give them that ability.”
While these bills will streamline and broaden the dispensation of justice, two others were killed that could have made the reform package stronger.
Two proposed amendments to the Texas Constitution introduced by Huffman, Senate Joint Resolution 1 and Senate Joint Resolution 87, did not survive the 89th session.
SJR 1 requires that individuals unlawfully present in Texas be denied pre-trial bail pending their hearings for certain offenses, including but not limited to murder, sexual assault, and possession of child pornography.
After multiple postponements, the measure fell 13 votes shy of the 100 required for constitutional amendments and failed to pass the Texas House.
Similarly, SJR 87 denied pre-trial bail to individuals accused of felony-level offenses if it was determined that they had already committed a felony, or if they were on bail for another, similar offense. The amendment failed to pass the Texas House by a narrow three-vote margin.
Though these measures died this session, similar legislation may come to life in a special session.
Abbott has already hinted that he could call a special session in order to ban taxpayer-funded lobbying. Meanwhile, the Texas GOP has asked for more Republican priorities, including bail reform, to be added to a call.
