Texas Legislature Advances Bail Reform Measures
The Texas Legislature has taken a significant step towards overhauling the state’s bail system, with several measures advancing in the House on Monday. The bills, authored by state Sen. Joan Huffman (R-Houston), aim to make it easier to hold individuals accused of serious crimes without bond pending trial.
Background on Bail Reform
The Texas Legislature has attempted to reform the bail system multiple times since 2017, with Gov. Greg Abbott naming it one of his emergency items for the current legislative session. Abbott has repeatedly called the current system "broken," citing the deaths of individuals allegedly killed by people free on bond while awaiting trial for other crimes.
Proposed Constitutional Amendments
Two proposed constitutional amendments, Senate Joint Resolution (SJR) 1 and SJR 5, have garnered significant attention. SJR 1, also known as "Jocelyn’s Law," would deny bail to individuals in the country without legal status who are accused of serious crimes, such as murder, aggravated kidnapping, and sexual assault. State Rep. John Smithee (R-Amarillo) presented the measure, which was amended to narrow the definition of an "illegal alien" and restrict its application to the most egregious felonies.
Concerns Over Due Process Rights
Several Democrats raised concerns that SJR 1 would violate the due process rights of immigrants, particularly those brought to the United States as children, known as Dreamers or recipients of Deferred Action for Childhood Arrivals (DACA). State Rep. Ramon Romero Jr. (D-Fort Worth) questioned whether the measure would deny bail to individuals who are falsely accused, while state Rep. Terry Canales (D-Edinburg) called the proposal hypocritical for differentiating between individuals accused of serious crimes based on their immigration status.
Senate Bill 9
Senate Bill 9, which passed with a vote of 133-8, would amend the list of offenses for which a defendant would require a cash bond rather than a personal recognizance bond. The bill would add offenses such as unlawful possession of a firearm, violation of a family violence protective order, and murder resulting from the manufacture or delivery of fentanyl. State Rep. A.J. Louderback (R-Victoria), a former county sheriff, emphasized the need for the bill, citing the release of violent offenders back into communities.
Criticism from the ACLU
The American Civil Liberties Union (ACLU) of Texas responded to SB 9’s passage with a statement decrying the bill as violating due process rights, particularly of low-income defendants. Nick Hudson, ACLU of Texas’ senior policy and advocacy strategist, argued that the bill would further cement a two-tiered system of justice in Texas, favoring the wealthy over everyone else.
Conclusion
The advancement of these bail reform measures marks a significant step towards addressing concerns over public safety and the bail system in Texas. While the proposals have garnered bipartisan support, they have also raised important questions about due process rights and the potential for unequal treatment under the law. As the measures move forward, it is essential to consider the potential implications and ensure that any reforms prioritize fairness, public safety, and the protection of individual rights.
