Lt. Gov. Dan Patrick has announced that he believes a deal has been struck with the House to pass a bail reform package flagged as a priority for this session.
The announcement of an apparent deal with House Speaker Dustin Burrows (R-Lubbock) came as the Senate Criminal Justice Committee considered several measures and resolutions aimed at limiting bail for illegal aliens and violent offenders.
Patrick was temporarily in attendance at the hearing alongside the mother of Jocelyn Nungaray, a 12-year-old girl from Houston who was sexually assaulted and killed in June 2024. Two illegal aliens from Venezuela are accused of committing the crimes.
“When we left the hearing, we walked across to the speaker’s office, and we’ve been there for the last half hour. … I believe we have a commitment from the Texas House and from the speaker to pass this bail bond package,” said Patrick.
“If these bills do not pass the House, I see no reason for us not to go to special session, or another special session, or another special session,” he added.
During Wednesday’s committee hearing, senators discussed Senate Joint Resolution 1 by State Sen. Joan Huffman (R-Houston).
The proposed constitutional amendment, also referred to as “Jocelyn’s Law,” would require judges to deny bail to illegal aliens charged with felony offenses.
Patrick has been in favor of the reform for some time but renewed the push last year shortly after Nungaray was violated and killed. The effort was listed as one of his top 10 priorities for the session in late January.
“I feel outraged that the Texas judges are allowed to provide bail for illegal people who do heinous things,” said Alexis Nungaray, the mother of Jocelyn. “My daughter’s life was taken away six days shy of eight months ago, and they didn’t give her any type of mercy.”
“I was in the process of planning my daughter’s funeral while I had to take a pause to go to court on separate occasions for both individuals to make sure that they got an adequate bond,” she continued. “And I feel like it was a slap in the face to Jocelyn and our family to make sure they even got an adequate bond.”
Another proposal, SJR 5 by Huffman, would authorize the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or continuous trafficking of persons.
Similar proposed constitutional amendments were forwarded in 2021 and 2023 by the Senate but ultimately died in the House.
“It has become starkly clear that our local officials making bail determinations day in and day out need this tool to protect the people of Texas,” said Huffman.
Huffman added that John Whitmire, Houston’s Democrat mayor, supported the proposed amendment when he was in the Texas Senate.
She also thanked Gov. Greg Abbott for listing the proposed amendment as an emergency item during his State of the State address and Patrick for “always being a champion on this issue.”
Nikki Pressley of the Texas Public Policy Foundation said the organization supported SJR 5.
“We currently have a system in Texas where a judge cannot detain a violent defendant and must afford them bail no matter how dangerous they believe that defendant to be,” explained Pressley. “This creates a system in which high-risk defendants who can afford bail can buy their freedom despite the public safety threat they pose.”
Senate Bill 9 by Huffman would prevent the release of individuals charged with some violent offenses, including murder, aggravated assault, aggravated kidnapping, and sexual offenses.
The measure also prohibits the release on bail of individuals with prior felony convictions or parole violations and tightens oversight of charitable bail organizations.
Huffman submitted SB 1047 as a committee substitute for SB 9, incorporating changes made after fielding recommendations. Among the changes are accommodations made to streamline the process for prosecutors, judges, and peace officers.
SB 40, meanwhile, would prohibit political subdivisions from using public funds to pay nonprofit organizations to deposit money for defendants’ bail bonds.
Former Harris County District Attorney Kim Ogg, a Democrat, testified at the hearing that she supported Huffman’s actions to reform the current bail system.
“I want to thank you all for filing these bills … which are actually a reform of bail reform. Bail reform was sold to this country, and this state, and the prosecutors as something that would impact misdemeanor offenders who were low risk. Instead, we’ve seen it applied across the board, all the way up to our most serious crimes—capital murders,” said Ogg.
After a short recess of the committee, senators voted 6-0 to pass SB 9, SB 40, SJR 1, and SJR 5.
The items will now be sent to the full Senate, where they are expected to pass before being sent to the House.
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