Bail Reform Package Passes Texas Senate, Heads to House
The Texas Senate has passed a trio of proposals aimed at further restricting bail, sending the "bail reform" package to the House of Representatives. The proposals, which received bipartisan support from the 31-member Senate, would reduce access to bail for people accused of violent or sexual crimes and for migrants in the United States illegally.
A Threat to Public Safety?
Lawmakers argue that the state’s current bail practices are a threat to public safety. Opponents of the legislation, however, claim that it discriminates against the poorest defendants, undermines due process, and would increase county jail populations. "This is a sad day for Texans, as their freedom, safety, and tax dollars are placed at greater risk," said David Gaspar, CEO at the Bail Project, in a statement.
The Bills in Question
The package includes three key bills:
- Senate Joint Resolution 1, named "Jocelyn’s Law" after a 12-year-old girl from Houston whose alleged killers came into the country illegally, would amend the state constitution to prohibit bail for undocumented immigrants accused of felony offenses. The resolution, which mirrors the federal Laken Riley Act, passed 29-2.
- Senate Joint Resolution 5 would deny bail for people accused of human trafficking and violent crimes, including sexual offenses. This resolution has yet to be voted on by the full Senate.
- Senate Bill 9 expands on a 2021 law that overhauled the state’s bail system and narrowed who can be released from jail on a low or cashless bond. The measure would make people accused of certain crimes, including firearms charges, violating a protective order, or murder resulting from manufacturing or delivering fentanyl, ineligible for personal bonds. The bill passed 28-2.
A Bipartisan Effort
The proposals were passed with bipartisan support, with Lt. Gov. Dan Patrick praising the body’s commitment "to protect the lives of adults and children in the state of Texas." Presiding over the Senate, Patrick said he was proud of the body’s bipartisanship and commitment to public safety.
Concerns about Constitutionality and Due Process
During a committee hearing, advocacy groups, civil rights organizations, and immigration lawyers argued that the proposals would add to a humanitarian crisis and could ensnare legal residents. On the Senate floor, Nathan Johnson, D-Dallas, raised concerns that the proposal may be unconstitutional. He also challenged Huffman’s pronouncements that public dollars are used to pay bail, which formed the basis of Senate Bill 40.
A Crucial Juncture
The bills now reach a crucial juncture. While similar legislation in previous sessions has failed to make it out of the lower chamber, Patrick believes the House will pass the package. Tightening bail is one of Gov. Greg Abbott’s top priorities, and although only the governor can call 30-day special sessions to tackle specific issues, Patrick has vowed to force special sessions until the Legislature agrees to pass bail bills.
FAQs
Q: What are the three bills in the bail reform package?
A: Senate Joint Resolution 1, Senate Joint Resolution 5, and Senate Bill 9.
Q: What is the purpose of Senate Joint Resolution 1?
A: To prohibit bail for undocumented immigrants accused of felony offenses.
Q: What is the purpose of Senate Joint Resolution 5?
A: To deny bail for people accused of human trafficking and violent crimes, including sexual offenses.
Q: What is the purpose of Senate Bill 9?
A: To expand on a 2021 law that overhauled the state’s bail system and narrow who can be released from jail on a low or cashless bond.
Q: How many votes are needed to pass the bills in the House?
A: The bills need 100 votes in the House, which has 88 Republicans.
