Texas Governor Greg Abbott on Tuesday signed into law several legislative measures designed to overhaul the state's bail system, marking a significant step in his long-standing effort to curb the release of repeat and violent offenders.
On Tuesday, Texas Governor Greg Abbott signed several bail law reform bills in Houston. 6 Since 2018, the Governor has prioritized the legislation package to keep dangerous people off the streets while awaiting trial. 7
Senate Bill 9, passed bipartisanly in the 89th Legislative Session, underpins these amendments. 8 This measure requires magistrate judges to reject bail to murder, capital murder, aggravated kidnapping, and aggravated sexual assault suspects. It also covers offenders committing felonies while on bail for another felony, federal immigration detainers, and those with two or more felony convictions. District court judges decide bail, however prosecutors can appeal bail rulings.
Governor Abbott said, "We cannot be a safe city, county, state, or nation without these law enforcement officials putting their lives on the line and those lives were under assault by these judges who were letting these criminals loose."
Senate Joint Resolution 5 (SJR 5), a constitutional amendment, will be on the ballot in November, reinforcing Texas' anti-crime stance. 9 This highly backed resolution would allow courts to deny bail to murder, capital murder, and certain severe assault suspects. State Rep. John Smithee (R-Amarillo) hoped for 90% voter support.
Senate Bill 40, which bans public funds from paying bail, and House Bill 75, which broadens bail limitations and requires magistrate courts to give written or oral findings within 24 hours if no probable cause is discovered, are also important. 10
Proponents like Lieutenant Governor Dan Patrick say these legislation are essential to public safety, but opponents like the Texas ACLU have criticized them. Civil rights advocates say the new regulations violate constitutional rights, increase cash bail, and hurt the poor. 11 The ACLU's senior policy and advocacy strategist Nick Hudson called the bill "a rollback of our rights."
Senate Joint Resolution 1, "Jocelyn's Law" in honor of a 12-year-old girl killed by two undocumented Venezuelan men, failed to reach the Governor. Inmates without legal status accused of certain offenses would have been refused bail under this provision.
Lt. Gov. Patrick said, "We will not stop until these criminals and these illegal immigrants who are here committing crimes and killing little girls under a bridge are put in jail forever and never let out and never let out on bail or bond."
