Texas bail reform package: Reps discuss key changes
The Brief
The Texas Legislature passed a bail reform package.
Freshman representatives Mitch Little and A.J. Louderback played important roles in negotiations.
Parts of the package will go up for a vote in Texas for approval.
AUSTIN - A landmark bail reform plan is headed to Texas Governor Greg Abbott for approval.
The initial passage of the package, which includes constitutional amendments, was somewhat watered down from the original bills. That was done to help win enough support from Democrats to reach a critical 100-vote level to allow for a public vote.
Two freshman House members, former Jackson County Sheriff A.J. Louderback (R-Victoria) and high-profile defense attorney Mitch Little (R-Lewisville), played key roles in the bail reform package.
Both legislators talked with FOX's Rudy Koski.
What they're saying
"It's massive. I think we have the ability to transform some of the violent crime that's going on in our cities," said Rep. Little. "The great thing about Senate Joint Resolution 5 is that it's going to allow judges the discretion to deny bail in cases where somebody is proven by a preponderance of the evidence to be a flight risk or by clear and convincing evidence to an ongoing risk to public safety on our most violent crimes."
He says one of the key components of the bill is blocking certain magistrates from reducing bonds set by district courts.
A previous version of Senate Bill 664 required judges to write a letter to inform the public about why a suspect was being granted bail. As part of the negotiation process that has changed.
"There's going to be a required finding if a judge denies bail. That way the state has the ability to appeal that decision in a very expedited appeal to the Court of Appeals and leave those violent offenders in jail pending that decision," said Little.
Little says bail bills like this one have been upheld.
"What we've done in Texas is try to bring it within the confines of the Bail Reform Act of 1984, the federal law. There's no automatic right to bail under federal law, it's just if you are granted bail, it should not be excessive. So we're trying to strike the right balance between denying very serious violent offenders bail and making sure that we do not do violence to civil rights," he said.
What they're saying
Rep. Louderback says he's not surprised that bail reform has finally come after years of failed attempts.
"I think the violent crimes here in our state have risen. I think people have had enough," he said. "It'll be one of the strongest bond denials in the country. So it's a great move for us to put something like this together. It's a package of four bills right now."
Louderback calls the package a "tremendous piece of legislation."
"It's a great move to support all the victims that we have here. Where some defendants have beat them back out of the parking lot before," he said.
Louderback says he's confident the package would stand up to a court challenge.
"I think so. I'm confident about it. I think the entire country, not just Texas, will look at this very seriously," he said.
You can watch Texas: The Issue Is Sunday nights on FOX and anytime on FOX LOCAL or the Texas: The Texas Issue Is Podcast.
The Source
Information in this article comes from past FOX reporting and interviews with Texas House members Mitch Little and A.J. Louderback.
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