AUSTIN (Nexstar) — Texas Senators approved a resolution that would allow judges to deny bail to people accused of certain violent crimes. SJR 5 passed the Senate by a vote of 28-2. It now heads to the House for consideration.
SJR 5 calls for amending the Texas constitution to expand when judges or other officials can deny bail. The joint resolution lists felony sexual offenses, a violent offense as defined by the Texas Constitution, or continuous trafficking of persons as crimes where an accused person could be held without bail.
The push for SJR 5 comes after reports of suspects accused of violent crimes being released on bond and then being accused of committing murder. Earlier this month, Senators heard from crime victims supporting tougher bail standards.
Current Texas law has limited options for when suspects can be denied bail. The bill analysis for SJR 5 states, “This means defendants accused of most crimes, including murder, must be released if they have the money to post bond.”
“There has been at least 162 homicide cases filed in Harris County, Texas, for defendants released on one or more bonds at the time of a new murder offense. Think about that,” State Sen. Joan Huffman, R-Houston, said before the vote on the proposal.
Huffman emphasized that there are safeguards to make sure that denying bail is focused on dangerous offenders.
“For bail to be denied for one of these offenses, a judge or magistrate must first determine by clear and convincing evidence that the denial of bail is necessary to ensure either the person’s appearance in court or the safety of the community, law enforcement, or the victim of the alleged offense,” Huffman said.
SJR 5 is part of a package of legislation aimed at bail reform that passed the Senate. Gov. Greg Abbott listed bail reform as one of his emergency items for the legislative session.
If the joint resolution passes the House, it would still need approval from Texas voters in November in a constitutional amendment election.
