Introduction to Bail Reform
The American Civil Liberties Union (ACLU) of Texas and several criminal justice organizations are urging state lawmakers to reconsider bills that would keep individuals accused of violent crimes in jail before their trials. This move comes as a response to Texas Gov. Greg Abbott’s championing of a package of bail reform legislation.
Background on Bail Reform Legislation
Gov. Abbott’s push for bail reform aims to keep more people accused of certain crimes behind bars. This represents a significant shift from a centuries-old article of the Texas constitution, which states that almost all prisoners shall be bailable by sufficient sureties. The reform is partly driven by demands from crime victims and their families, who are seeking legislative changes to prevent repeat offenses by individuals out on bail!
Recent Cases Influencing Bail Reform
One such case is that of Chuck Cook’s 80-year-old mother, who was stabbed to death in a Walgreens parking lot in 2021 by a man who was out on a personal recognizance bond at the time. Cook has been advocating for bail reform, alongside Gov. Abbott and other proponents. Another case influencing the legislation is that of Jocelyn Nungaray, a 12-year-old Houston girl who was allegedly killed by two men who entered the country illegally from Venezuela. This led to the introduction of Senate Joint Resolution 1, which would restrict bail for undocumented immigrants charged with a felony.
Proposed Legislation
Several bills are being considered, including Senate Joint Resolution 5, a broad reform bill that would give judges more authority to deny bail for defendants charged with certain violent crimes and sex crimes. Senate Bill 9 would add more crimes, such as family violence, stalking, harassment, and terroristic threat charges, for which defendants would be prevented from receiving bail. Gov. Abbott has flagged bail reform bills as a priority in the 89th Legislative Session.
Opposition to Bail Reform
However, opponents of these sweeping bail reform bills argue that the legislation strips people of their constitutional rights and does little to improve public safety. The ACLU and other advocates claim that it would allow Texas judges to deny bail for more defendants based on vague standards, deepening the state’s reliance on money bail that punishes poverty. Nick Hudson, a senior policy and advocacy strategist with the ACLU, stated, "This is not bail reform. It’s a rollback of our rights, and Texans should not be fooled."
Personal Stories of Injustice
Sarah Knight, whose son Jaleen Anderson died at a private Louisiana correctional center last year, shared her story. Anderson was initially released from jail on a non-violent drug charge after paying $7,000 to a bail bond company but was later denied bail and transferred to the Louisiana jail, where he died after suffering several seizures. Knight believes her son was "railroaded by the system that is designed to fail us." The family is now leading a lawsuit against Harris County and other entities.
Professional Perspectives
Members of the Harris County Criminal Lawyers Association, including attorney Brent Mayr, are calling on state lawmakers to reject the bail reform legislation. Mayr argued that the legislation would lead to innocent individuals being locked up and denied bail, only to have their cases dropped after months or even a year of sitting in jail. He also pointed out that violent crimes were only allegedly committed in 0.08 percent of cases where felony defendants were out on bond.
Response from Gov. Abbott
Despite the opposition, Gov. Abbott remains committed to the bail reform, calling it "common-sense legislation." He believes that passing these bills will literally save lives, while failing to pass them will result in more murders. Abbott emphasized, "This has to get done."
Conclusion
The debate over bail reform in Texas is complex and contentious. While proponents argue that it will improve public safety, opponents claim that it will erode constitutional rights and unfairly punish those who cannot afford bail. As the legislative session continues, it remains to be seen how these bills will fare and what impact they will have on the state’s justice system. One thing is certain, however: the outcome will have significant consequences for individuals, families, and communities across Texas.
