Legislature will address bail reform in upcoming session
AUSTIN (Nexstar)- Governor Greg Abbott addressed the Senate in a passionate speech on Tuesday, the first day of the Texas Legislature’s Session. Within the first five minutes, he made the crowd aware of where his priorities lie this session mentioning two key issues. First on his list was bail reform where he hopes to increase or eliminate bail for previous offenders accused of a violent crime.
“It is going to be up to us in the Senate and the House to make sure we do something about it so we stop criminals from killing other innocent people in our state,” Abbott said.
In his speech, he specifically referenced Senators Joan Huffman and Paul Bettencourt, both Houston Republicans saying that they are from a city where murderers are being let out on bail to commit other murders.
Bettencourt said it's been an ongoing fight in Houston where people who are out on multiple bonds are being rearrested for violent crimes.
"It's horrific. It's a terrible practice. It should never occur, and quite frankly I don't think anyone in the judiciary that looks at criminal cases should be allowed to do it," Bettencourt explained.
A December report from the Senate Committee on Criminal Justice said it listened to testimony about several criminal defendants who were released on bond and then re-arrested on more severe charges, including murder.
Abbott attributes this to “judges not adhering to the law” and aims to work with lawmakers to find a solution.
Defense Attorney Erin Epley agrees something needs to change but argues that the problem isn’t with the judges, it’s with the Texas Constitution itself. Epley points out the Constitution says "all prisoners shall be bailable."
"The constitution presumes, it requires, that we let people out on bond except in certain situations,” Epley explained. There are exceptions carved out in the Constitution that allow the judge to "no-bond" a defendant. Those exceptions include if someone has two prior consecutive felony convictions, if they're out on a felony bond and commit a new felony, or if they're under community supervision. Even in those certain situations, though, there’s a time limit.
"It's kind of toothless because it only lasts for 60 days and then we're back to must be released,” Epley explained.
In order to fix the problem, Epley said legislators will have to change the Texas Constitution to give judges the tools to take away bonds for certain defendants. How you change it is up for debate. Epley, a former federal prosecutor, thinks switching to the federal system would work best. The federal system can no-bond a first-time offender if the judge deems the defendant is a danger to the community based on the nature of the crime committed.
Bettencourt says he hopes legislation passed this session will change the language in the Texas Constitution to allow judges to look at the full picture when determining bail. "Look at the record. What do they think of the person. What is the criminal history," Bettencourt explained.
A constitutional amendment on bail reform filed by Huffman failed last session in the House after passing in the Senate. Opponents of the bill said it gave the Texas government too much power to keep people who are not guilty in jail.
During a House Criminal Jurisprudence Committee hearing in April 2023, Sarah Mae Jennings, the co-executive director and policy director of the Texas Fair Defense Project, testified against the resolution. She said, "We're talking about an awesome power here. We're asking Texans to give the government more authority to pick up citizens off the street and say, no matter what, you're going to sit in jail until we can get around to having a trial to decide whether you committed a crime."
Jennings also pointed out that the trial backlog in felony courts can draw cases out even longer, causing those people in jail to experience family separation and economic hardships as they wait for a trial.