Bail Reform Proposals Pass in Texas Senate, Advocacy Groups Speak Out Against Changes
A bail bond location near Minute Maid Park in Downtown Houston on Oct. 17, 2019. (Lucio Vasquez | Houston Public Media)
Three proposals aimed at narrowing who can receive bail and controlling charitable bail organizations were passed by the Texas Senate on Wednesday, less than two weeks after they were filed.
Sen. Joan Huffman (R-Houston) authored the bills, which are part of a larger package of bail legislation that includes two proposed amendments to the Texas Constitution.
Tightening up who Texas allows out on bail is a top priority for Republican leaders in the state this legislative session. Gov. Greg Abbott designated bail reform as an emergency item during his State of the State address, saying Texas judges currently have "too much discretion" on whether to release people charged with a crime on bail.
"The issue is also a top priority for Lt. Gov. Dan Patrick, who presides over the Texas Senate. In a news conference last week, Patrick called on House Speaker Dustin Burrows (R-Lubbock) to unite his delegation and urge them to pass the proposals.
"After Wednesday’s votes, the legislation now moves to the Texas House for consideration.
Among the items passed was Senate Joint Resolution 1, or “Jocelyn’s Law,” a constitutional amendment that would deny bail for undocumented immigrants charged with a felony. The bill was named after Houstonian Jocelyn Nungaray, a 12-year-old who was killed by two undocumented immigrants.
"Members, we need to remember that our first and foremost duty as legislators is looking out for the safety and wellbeing of the citizens of Texas and the constituents that elect us," Huffman said.
The proposals, which also included Senate Bill 9 and 40, passed with minor opposition from members of the Senate.
Advocacy Groups Speak Out Against Proposed Changes to Bail in Texas
Meanwhile, a group of civil rights organizations shared their disapproval of Huffman’s bail bill package at a virtual news conference Wednesday. Emma Stammen, a policy strategist with The Bail Project, called SJR 1 and the other proposals "regressive."
"(SJR 1) would significantly increase racial profiling and racial disparities within the criminal justice system, as well as impose an unjust and unnecessary processing delay that would keep more Texans in jail longer so that their immigration status can be checked elsewhere," she said.
Stammen, along with representatives from the Texas Civil Rights Project and the Vera Institute of Justice, also made the case against the use of cash bail and pretrial detention for individuals accused of crimes.
A Vera Institute study analyzing nearly a year’s worth of data found that, in cases involving low-level charges that less often pose a public safety risk, Texas judges set cash bail more than 78% of the time.
The groups decried the ways Texas’ current pretrial detention methods have a disproportionate negative effect on low-income defendants and make it harder for individuals to find and maintain housing, jobs, provide for their families and stay out of jail in the future. They propose limiting the use of cash bail in Texas and providing resources to help defendants show up to court and resolve underlying issues that contribute to alleged offenses, like poverty and mental illness.
"The bills passed by the Senate will spend more money on putting Texans behind bars before they even have their day in court," said David Gaspar, CEO of The Bail Project, in a statement. "Destabilizing people by separating them from their jobs and homes and subjecting them to unnecessary incarceration will only drive more people into desperate circumstances that perpetuate the very conditions that make communities less safe."
Conclusion
The proposed changes to the bail system in Texas have sparked a heated debate, with some advocating for stricter controls on who can receive bail and others warning of the potential consequences for low-income and marginalized communities. As the legislation moves forward, it remains to be seen how these concerns will be addressed.
FAQs
Q: Why are these changes being proposed?
A: The proposed changes aim to address concerns about public safety and the perceived abuse of the bail system.
Q: What are the concerns about the current system?
A: Critics argue that the current system allows for too much discretion on the part of judges, leading to the release of dangerous individuals who may pose a risk to public safety.
Q: How will these changes affect low-income and marginalized communities?
A: The proposed changes may exacerbate existing disparities in the criminal justice system, making it harder for low-income and marginalized individuals to access justice and maintain their well-being.
Q: What are the potential consequences of these changes?
A: The proposed changes could lead to more people being held in pretrial detention, potentially leading to increased incarceration rates and decreased access to justice for marginalized communities.
