19-05-2025
Monday is "D-day" for Texas bail reform legislation; will you see it on the November ballot?
The Brief
On Monday, the Texas House votes on long-awaited bail reform legislation.
If the legislation gets a two-thirds vote in the House, it will be on the November ballot.
Senate Joint Resolution 5 would give judges the discretion to deny bail to defendants charged with certain violent offenses.
What we know
The Texas House of Representatives is set to vote Monday on bail reform legislation that lawmakers have been trying to push through since 2021.
Senate Joint Resolution 5 will require a two-thirds majority vote in the House to go on the November ballot, since it's an amendment to the state constitution. It would allow — but not mandate — a judge or magistrate to deny bail to a person accused of certain violent offenses, including murder, aggravated robbery, sexual assault of a child, kidnapping of a child and human trafficking.
What they're saying
Those in favor of the amendment say it will keep violent offenders behind bars while awaiting trial, possibly saving lives.
"Sadly, we've actually documented over 200 people just in Harris County that have been murdered by defendants out on more than one felony bond or felony pr bond and I don't want to add any more people to that list," said Andy Kahan with Crime Stoppers of Houston.
The other side
On the other hand, those against the legislation claim that the amendment would jail more innocent people in Texas.
The Bail Project said in an article, "On any given day, over 53,000 people are locked up in Texas jails, most of them awaiting trial – not because they've been convicted of a crime, but because they can't afford bail. Texas taxpayers already spend over $1 billion annually to detain legally innocent people."
Saying that the passing of the legislation would increase that number.
Dig deeper
Kahan says language in the amendment would also allow judges to deny bond for convicted felons charged with additional violent offenses.
He also says another provision would allow judges to restrict personal recognizance bonds for those charged with' felon in possession of a weapon'.
The Texas Legislature is also set to take action on some other bills of high interest in criminal justice reform, including House Bill 1902 and Senate Bill 3031.
HB 1902 aims to create a specific criminal offense for "jugging". Jugging is an act in which a suspect surveils an institution like a bank or ATM and follows a victim from the location to commit a robbery.
SB 3031 aims to enhance penalties for those accused of "road rage" shootings. It would enhance the aggravated assault with a firearm charge involving a vehicle, from a second-degree felony to a first-degree felony.
What's next
Two-thirds (100 votes) of the House will have to vote in favor of SJR 5 for it to be put on the November ballot, where voters of Texas can decide if the legislation becomes law.
The Source
Information in this article was sourced from Andy Kahan of Crime Stoppers, the Texas Legislature and The Bail Project.
