Bond reform: Victim advocates celebrate compromise on Texas constitutional amendment
The Brief
Victim advocates celebrated an apparent bi-partisan compromise on bond reform at the Texas House on Tuesday.
The proposed Constitutional amendment would give judges discretion to deny bail to violent defenders.
The measure needs the support of at least 12 House Democrats.
SJR 5 passed out of committee on a 10-1 vote, including support from Democratic Caucus Chair Gene Wu.
HOUSTON - Victim advocates at the center of the fight for tougher bail restrictions are cautiously celebrating a compromise measure poised to pass the House with the 100 votes necessary to place it before voters on the statewide ballot.
What we know
SJR 5, along with other bond reform bills, was passed out of the House Jurisprudence Committee with support from Democratic Caucus Chair Gene Wu and Houston Representative Jolanda Jones.
Both Gov. Greg Abbott and Lt. Gov. Dan Patrick have threatened to force a special session if Democrats block the measure. Progressive groups, including the ACLU, oppose SJR 5, contending it denies due process, presumption of innocence and the constitutional guarantee of access to bail pending trial.
Victim advocates say 200 people in Harris County alone have been killed since 2020 by repeat offenders granted bail as they awaited trial for other alleged crimes.
What we don't know
As of now, it's uncertain how many of the 62 House Democrats will join Republicans when SJR-5 hits the floor for a vote.
Political analysts say Democrats who vote "no" risk the campaign label "soft on crime" in their next re-election bid.
What they're saying
Fox 26 spoke with Andy Kahan of Crime Stoppers Houston and public safety crusader April Aguirre about the latest development.
Aguirre believes the legislation is heading in the right direction.
"Since our constitution was written here in the state of Texas in1847, criminal behavior has evolved and we have to evolve to match the criminal element," Aguirre said. "Unfortunately, right now we are not doing that. Criminals have become more violent. We are not targeting the Walmart shoplifter. We are targeting murderers, people who commit sexual assaults against children and people who want to commit aggravated robbery. It is time we hold these people accountable and keep Texans safe."
Kahan weighed in on how the proposal will affect Texans' safety.
"All along, we have always felt that Texas voters should be able to decide whether judges should have discretion not to grant bond to defendants charged with certain violent crimes, and I truly believe the murder of Jocylin Nungaray put this over the tipping edge," said Kahan. "When people found out that the two defendants charged with her murder were actually given a bond, albeit a very high bond, people were outraged, and we were saying, 'the judge has no choice.'"
Aguirre believes that had the law been in place earlier, many victims would still be alive today.
"There's just no question," Aguirre said. "We are giving second, third and fourth chances to criminals who have not earned that and have not been rehabilitated. We are simply cutting them loose."
"The judges I have spoken with have told me we need discretion and if you give them discretion it also means they don't have an excuse, and that means they are accountable to the voting public," said Kahan.
"Lawmakers must choose, support the safety of the people they represent or the criminals who kill them," said Abbott during a recent speech in Houston.
What's next
SJR-15 will require the support of 100 of the 150 House members to gain approval. If that happens, the Texas Senate, which overwhelmingly approved its version of the same bill, would consider the House measure and potentially negotiate changes acceptable to both chambers before a final vote.
The Source
Information in this article came from Fox 26 coverage at the Texas Capitol.
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