Bail reform measure fails on House floor ahead of vote on Jocelyn's Law
AUSTIN (Nexstar) — A joint resolution that would require a magistrate or judge to deny bail to someone who is a repeat offender of a violent crime narrowly failed on the House floor Tuesday.
Senate Joint Resolution 87 is a part of a bail reform package spearheaded by State Sen. Joan Huffman, R – Houston, and strongly supported by Gov. Greg Abbott. It would amend the constitution to require a judge to deny bail for anyone who is accused of certain violent crimes — like murder and aggravated assault — and is either out on bail for a similar crime or been convicted for a similar crime.
Because it is a constitutional amendment, it needs two-thirds approval from the House, or 100 votes. The final tally on the third reading of the vote was 97 yeas, just three votes short of the needed amount.
Supporters of the legislation argue innocent Texans are being injured and murdered by people who are out on bail for a serious crime they already committed. State Rep. Armando Martinez, a Democrat from Weslaco, spoke in favor of SJR 87 saying the resolution is 'protecting Texans by saying one murder is too many and two is absolutely unacceptable.'
However, opponents of SJR 87 argue it takes away a person's due process and presumption of innocence. 'Why not lock up all people accused of crimes indefinitely for fear that they might do something. I guarantee that a handful of lives will be saved doing that too. But at what cost? The cost of our liberty,' State Rep. Joe Moody, D – El Paso, said in opposition to the joint resolution.
Wednesday is the deadline for the House to pass all Senate bills and resolutions before midnight. On the calendar ahead of that deadline is SJR 1, also known as Jocelyn's Law. It's named after Jocelyn Nungaray, a 12-year-old Houston girl who was sexually assaulted and murdered near her home in June 2024. Houston police say they found her body in shallow water underneath a bridge within walking distance of her home. Johan Jose Martinez-Rangel and Franklin Pena, two Venezuelan nationals, are charged with sexual assault and murder. Her death shocked the local community, but its impact was far-reaching.
SJR 1 would require a judge to deny bail to a person in the country illegally who is accused of a violent crime. When it was read a second time on the House floor it only received 88 votes. That's enough to get to a third reading, but it too will need 100 votes to pass out of the House.
It has been postponed seven times since then, and Wednesday is its last day to get passed. If it does get the required votes, it would need to be approved by Texas voters at the ballot in November.
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