AUSTIN (KXAN)- Bail bond reform was named one of Gov. Greg Abbott’s emergency items for the 2025 legislative session, which he announced on Sunday at the State of the State address.
“Activist judges simply have too much discretion to let repeat offenders out on bail only to see them harm more Texans,” Abbott said in his address.
Abbott claims that these judges have contributed to repeat offenders returning to the streets by frequently setting their bail at low amounts. By declaring this an emergency item, he aims to enforce tougher standards for imposing bail and violating bond, including prohibiting criminals charged with a violent offense from being released on a personal recognizance bond.
A personal recognizance bond is a type of bail bond that does not require a defendant to pay any money upfront. It allows a defendant to be released from jail without paying the full bond amount on the condition that the defendant promises to appear in court and follow any requirements associated with their release.
Currently, in the Texas Constitution, it states that “all prisoners shall be bailable.” The only exceptions listed that allow a judge to “no-bond” a defendant include if someone has two prior consecutive felony convictions, if they’re out on felony bond and commit a new felony or if they’re under current community supervision. But, even in these situations, there is a time limit of 60 days before the defendant must be released.
Abbott aims to work with the Texas Legislature to fix that by amending the constitution itself. This session Abbott said he hopes to pass a constitutional amendment to require that judges deny bail for violent offenders and for offenders accused of capital murder or sexual offense of a child.
“Lawmakers must choose: Support the safety of the citizens they represent or the criminals who kill them,” Abbott said.
To accompany the emergency item announcement, Sen. Joan Huffman, R-Houston, released a comprehensive bail reform package that would target making the bail-setting process more transparent and accountable.
“I, along with millions of Texans, am fed up with the violent, repeat offenders being released into our communities by judges that are more concerned about their own political agenda than the safety and security of law-abiding Texans,” Huffman said in a statement on X.
Included in the package are the following:
- Senate Bill 9: This was filed by Huffman on Monday and is set as a priority item for Abbott. SB 9 would shift the authority to set initial bonds for specific high-risk defendants from hearing officers to a Presiding Judge that is more accountable to voters. It would also expand the list of offenses ineligible for a personal bond to include unlawful firearm position, violation of family violence protective orders, terrorist threats, and murder related to fentanyl distribution.
- Senate Bill 1047: This would enhance the Public Safety Report System, a system used by judges to access criminal history information, to better flag defendants with protective orders and who are on probation, parole or have outstanding warrants. The bill prioritizes the safety of family violence victims, as it would allow their input in bail decisions.
- Senate Bill 1048: This would ban the use of taxpayer money by a political subdivision to fund nonprofit organizations that help pay bail bonds for defendants. Taxpayers will be able to receive injunctive relief if this is violated. Huffman says this raises public safety concerns, as it allows defendants to be released from jail using the same taxpayer dollars used to arrest and process them.
- Senate Joint Resolution 17: A joint resolution offers a change to the Texas Constitution. The resolution would have to be adopted by a two-thirds vote in both chambers of the legislature before being voted on by Texas citizens to become an effective amendment. If approved, SJR 17 would allow judges to deny bail to offenders who pose a “clear and convincing threat to public safety.” Huffman notes that this bill is similar to previous bills that have passed through the Senate in 2021 and 2023 with bipartisan support.
- Senate Joint Resolution 49: If approved by voters, this would mandate the denial of bail for an illegal immigrant accused of a felony upon probable cause. SJR 49 would assist in implementing the federal government’s recently enacted Laken Riley Act, which President Donald Trump signed into law last Wednesday. This law mandates the federal detention of illegal immigrants accused of theft, burglary, assaulting an officer, and any crime that causes death or serious injury.
The Texas Constitution prevents lawmakers from passing any legislation in the first 60 days of the session without 80% support from both chambers. By making this an emergency item, lawmakers can hear or potentially pass bills or packages like Huffman’s before the 60-day period expires.
A constitutional amendment on bail reform filed by Huffman failed last session in the House after passing in the Senate. This session, she hopes it will be different.
“Thanks to the Governor’s addition of bail reform to the list of emergency items, I anticipate that the Texas Senate will advance these common-sense, public safety-focused reforms through the Senate as expeditiously as possible,” Huffman said.
On Monday, SB 9 was assigned to the Senate Committee on Criminal Justice to be taken up by Sen. Pete Flores, R-Pleasanton. The committee plans to discuss SB 9 on Wednesday, Feb. 12.
