The Texas Senate passed a trio of proposals Wednesday to further restrict bail, sending the “bail reform” package to the House of Representatives.
The proposals, which received bipartisan support from the 31-member Senate, would limit access to bail to people accused of violent or sexual crimes and to migrants in the United States illegally. The latest bills and resolutions show lawmakers continuing to chip away at bail rights, which allows those accused of crimes to get out of jail until a case is adjudicated.
Presiding over the Senate, Lt. Gov. Dan Patrick said he was proud of the body’s bipartisanship and commitment “to protect the lives of adults and children in the state of Texas.”
Lawmakers argue the state’s current bail practices are a threat to public safety. Opponents to the legislation say it discriminates against the poorest defendants, undermines due process and would increase county jail populations.
“This is a sad day for Texans, as their freedom, safety, and tax dollars are placed at greater risk,” David Gaspar, CEO at The Bail Project, said in a statement. The Bail Project, which provides free bail assistance, has become a lightning rod for the GOP’s efforts to regress bail. “The bills passed by the Senate will spend more money on putting Texans behind bars before they even have their day in court.”
The bills now reach a crucial juncture: While similar legislation in previous sessions has failed to make it out of the lower chamber, Patrick said last week he believes the House will pass the package.
Tightening bail is one of Gov. Greg Abbott’s top priorities, and although only the governor can call 30-day special sessions to tackle specific issues, Patrick said he had forced special sessions in the past and vowed the Legislature will meet as many times as it takes to get bail bills to Abbott.
Sen. Joan Huffman, R-Houston, who authored all three proposals, said the package is “a continued effort to protect public safety and the citizens of this state.”
Senate Joint Resolution 1 — named “Jocelyn’s Law” after a slain 12-year-old girl from Houston whose alleged killers came into the country illegally — would amend the state constitution to prohibit bail for undocumented immigrants accused of felony offenses. The resolution, which mirrors the federal Laken Riley Act, passed 29-2.
During a committee hearing, advocacy groups, civil rights organizations and immigration lawyers argued the proposals would add to a humanitarian crisis and could ensnare legal residents .On the Senate floor, Nathan Johnson, D-Dallas, raised concerns that the proposal may be unconstitutional.
Another proposed constitutional amendment, Senate Joint Resolution 5, would deny bail for people accused of human trafficking and violent crimes, including sexual offenses. That resolution has yet to be voted on by the full Senate.
Changes to the constitution require support from two-thirds of the House and Senate. That means the slate of bills would need 100 votes in the House, which has 88 Republicans.
Johnson also challenged Huffman’s pronouncements that public dollars are used to pay bail, which formed the basis of Senate Bill 40. The bill passed 27-3.
Lawmakers have accused The Bail Project of using Harris County taxpayers’ money, but the nonprofit called the allegation “100% false.”
In a contentious back-and-forth with Johnson, Huffman backtracked. “I don’t know if it was happening,” she said. “I’m not accusing anyone of anything, I just want to make darn sure it never happens.”
Huffman’s Senate Bill 9 expands on a 2021 law that overhauled the state’s bail system and narrowed who can be released from jail on a low or cashless bond. SB9 expands would make people accused of some crimes, including firearms charges, violating a protective order or murder as a result of manufacturing or delivering fentanyl, ineligible for personal bonds. The measure was approved 28-2.
