Latest news with #MitchLittle
Yahoo
5 days ago
- Health
- Yahoo
Texas To Remove School Immunity In Child Sex Abuse Lawsuits
(Texas Scorecard) – In a big win for protecting Texas children from sexual predators in public schools, state senators unanimously approved a House measure to eliminate school districts' 'sovereign immunity' from civil liability in sex abuse cases. House Bill 4623 by freshman State Rep. Mitch Little (R–Lewisville) increases accountability in Texas public schools by allowing civil liability when a school is grossly negligent or reckless, or when it enables intentional misconduct in hiring, supervising, or employing individuals who commit sexual misconduct or fail to report suspected abuse. 'We have a sexual abuse crisis in our public schools in Texas. It's indisputable, and we can't look away,' Little said earlier this month as he laid out the bill—his first—on the House floor. House members approved HB 4623 on May 14 in a 109-19 vote. The Texas Senate took up the bill on Tuesday night. State Sen. Angela Paxton (R–McKinney), who sponsored HB 4623 in the Senate, noted that 'child sexual predators hunt children in their natural habitat. They embed themselves in the very institutions to which we entrust our children: our churches, summer camps, youth organizations, day cares, and yes, our schools.' 'I know that not a single person in this room has any tolerance for a child sex abuser who would don the trusted mantle of a teacher or a coach or a bus driver in order to create unfettered access to innocent children,' Paxton, a former teacher herself, told senators. 'Perhaps the only thing we might find more reprehensible would be school district personnel turning a blind eye to this evil, or worse yet, enabling such an atrocity.' Paxton explained that HB 4623 applies to all public schools, including open-enrollment charter schools, and covers a broad definition of professional school employees including administrators, teachers, bus drivers, and board members. Private schools are not included because they do not enjoy governmental immunity from liability. HB 4623 creates a new cause of action that waives governmental immunity for public schools and abolishes official immunity protections for employees who sexually abuse students, ensuring that survivors can bring claims in court. The bill as currently written caps damages at $500,000 per claimant and guarantees the recovery of court costs and attorneys' fees. Paxton said the bill ties liability 'directly to institutional failures and individual accountability.' 'House Bill 4623 sends a message to the whole state of Texas, to all of our schools … In Texas, school safety is non-negotiable, the innocence of a child is non-negotiable, and schools will face serious consequences if they fail to protect our children,' she added. Before the Senate's unanimous vote on final passage, Lt. Gov. Dan Patrick also gave a warning to Texas public school district officials: 'No more excuses.' 'For all of those in the schools—our thousand or more superintendents, thousands of principals—understand we're going to be watching, and your careers will be destroyed. You could end up in jail,' said Patrick. 'We're not going to tolerate this one more day.' Patrick also said he was going to ask Education Commissioner Mike Morath to 'move personnel to focus on this issue' and to send a 'special delivery envelope' to every Texas school superintendent and principal advising them of the new laws. 'I can't think of another time that our hearts have really been hit by a bill,' said Patrick. 'I don't want to hear they don't have enough people … I don't want any excuses that they didn't know, they didn't see, they didn't understand.' While the final version of HB 4623 is not as strong as Little's original proposal, advocates like Christin Bentley, who heads the Texas GOP's advocacy efforts on legislative priority 'Stop Sexualizing Texas Kids,' acknowledge it as 'a significant step forward in holding public school districts accountable for sexual misconduct and abuse, ensuring justice for countless Texas families.' 'For every survivor who was silenced, ignored, or told 'nothing could be done' — this is for you. For the families who begged for justice and met only closed doors — this is for you,' Tami Brown Rodriguez, director of policy for anti-trafficking organization Jaco Booyens Ministries, posted on X. 'Texas stood up for victims of educator sexual misconduct. No more hiding. No more immunity. No more cover-ups.' Many of the survivors, parents, and advocates who hailed lawmakers' 'landmark action' in passing the 'historic bill' had shared emotional testimony with lawmakers in the House Judiciary and Civil Jurisprudence Committee last month and again in the Senate Education K-12 Committee last week. Survivor Callie McDonald told senators last week that since she first testified about being sexually groomed and abused by a Texas public school coach and district officials blaming her and shielding the predator, dozens of girls have reached out saying they had exactly the same experiences. Aileen Blachowski, president of Texas Education 911, presented both committees with shocking statistics from 'State-Sponsored Child Abuse,' the advocacy group's analysis of educator misconduct reporting data gathered by the Texas Education Agency. Blachowski also identified specific school employees who had documented histories of being passed from district to district despite complaints. On Tuesday night, Paxton shared testimony given by Rockwall mother Corey Booth, whose then-four-year-old son reported being sexually abused by his female pre-K teacher while at school. Similar stories have been shared by parents across Texas. 'Some of you are thinking that surely this is exaggerated. Surely such things could not happen,' said Paxton, adding that 'the dark and devastating truth' is that 'the unthinkable has and is happening to children in our schools.' 'Not just cold and calculated sexual abuse of little children, but school districts literally covering up these heinous crimes,' she said. 'And members, you need to know the level of evil that we're talking about here because it is literally beyond what you would ever imagine.' 'No one should be able to hide behind sovereign immunity for doing something like that,' said Paxton. Can you imagine a family who has nowhere to go? They know that a school has been complicit in harming their child, and they have nowhere to go with it. That won't be true anymore. And accountability is good for all of us. Transparency is good for all of us. But the biggest winners are going to be our kids. The Senate-approved version of HB 4623 has now returned to the House, which can concur with the changes or request a conference committee to agree on a compromise. The measure will then go to Gov. Greg Abbott. He'll have 20 days after the legislature's final adjournment on June 2 to sign or veto the bill, or take no action and allow HB 4623 to become Texas law on September 1.
Yahoo
7 days ago
- Business
- Yahoo
Texas House fails to pass automatic bail denial for repeat offenders
The Brief A proposed Texas constitutional amendment to deny bail to certain repeat offenders failed in the House. The measure fell three votes short of the 100 needed to put it on the ballot for public vote. The rejection means a key part of Governor Abbott's bail reform agenda will not move forward as a constitutional amendment. AUSTIN, Texas - A proposed amendment to the Texas Constitution that would deny bail to repeat offenders of violent crimes failed in the House Tuesday afternoon. Senate Joint Resolution 87 fell three votes short of the 100 needed to put the constitutional amendment on the ballot. The measure had support from all Republicans in the chamber at the time of the vote and just nine Democrats. The resolution would have automatically denied bail to anyone accused of certain felonies that they had previously been convicted of a felony or were out on bond at the time of the alleged offense. The amendment would have required judges to find probable cause that the accused committed one of these offenses: murder, capital murder, aggravated assault involving serious bodily injury, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, or continuous trafficking of persons. The proposal failed 93-32 in a floor vote Monday. What they're saying Those who supported the motion said it was to make sure high-risk offenders were not released before trial. They said it would take pressure off of judges who decide bail in high-pressure or violent cases. "Had this resolution passed two years ago or four years ago, we know for certain lives would've been saved because people would not have been killed by other people out on bond," Rep. Mitch Little said. The other side Those against the resolution argued that it violates a person's right to due process and undermines the presumption of innocence. They said the amendment would cause more financial trouble for those left in jail if they were later found to be innocent. "Why not lock up all people accused of crimes indefinitely for fear that they may do something?" Rep. Joe Moody said. "I guarantee a handful of lives will be saved by doing that, too. But at what cost? The cost of our liberty. The cost of the state inflicting immense, life-destroying punishment on people who haven't been convicted of anything." SJR 87 is just one piece of a larger push in the state legislature to reform the bail process in Texas. Bail reform has been a goal of Gov. Greg Abbott this session. Last week the House pushed through Senate Joint Resolution 5, Senate Bill 664, Senate Bill 40 and Senate Bill 9. SJR 5 would add a constitutional amendment requiring judges to automatically deny bail for violent crimes like murder, rape or human trafficking, "unless there is clear and convincing evidence that the defendant will appear in court and not endanger the community." Judges who release violent criminals under the new system would be required to explain the decision in writing. Prosecutors would be able to challenge the judges' bail decisions. The amendment will be put on ballots in November for a public vote. Passing on a 113-30 vote, Senate Bill 40 would prevent municipalities from using taxpayer dollars to bail defendants out of jail. The bill helps ensure that taxpayer funds are used for public safety expenses, like law enforcement, state prosecutors and jail operations. Senate Bill 9 would prevent a judge from granting a cashless personal bond for certain offenses. Under the bill, the state could appeal bail decisions if prosecutors felt the amount was insufficient. The rule would keep the defendant in jail for up to 20 days while the appeal is considered. Bond reform has been a priority for Abbott. Currently, only capital murder suspects are exempt from bonds. Why you should care Because bail is written into the Texas Constitution, it requires a constitutional amendment to alter. That requires a two-thirds vote in both the Texas House and Senate. Bail reform was one of seven emergency items laid out by the governor earlier this year. Under the Texas constitution, bail is a right for almost everyone arrested. The exceptions are people charged with capital murder, some people charged with certain repeat felonies or certain instances where bail has been violated in the past. Dig deeper Bail is the amount of money a defendant must pay to be released from jail. The system is used to incentivize the accused to appear for court hearings. The bond, if paid in full by the accused, is refundable if they attend all hearings. Those that can't afford to pay the full amount can go through a bail bond company that usually requires a nonrefundable payment of 10% of the total amount. In exchange, the bail bond company guarantees the rest of the amount if the defendant doesn't appear in court. Other times, a judge can release a defendant on a personal recognizance bond that does not require any money, on the promise the defendant will appear for hearings. The Source Information on the bail reform bills comes from the Texas Legislature and comments made on the House floor. Backstory on Gov. Abbott's bail reform push comes from previous FOX reporting. Backstory on Texas bail laws comes from the Texas Constitution. Bail definitions come from the American Bar Association.
Yahoo
26-05-2025
- Politics
- Yahoo
Proposal to automatically deny bail to repeat offenders falls in Texas House
The Texas House on Monday rejected a last-minute proposal asking voters to amend the state Constitution to automatically deny bail to certain repeat offenders, with Democrats banding together to defeat a final part a long-running push to jail more dangerous defendants before trial. Senate Joint Resolution 87, part of a broader package stiffening the state's bail laws, fell short of the 100 votes necessary to put a constitutional amendment on the ballot, winning votes from all present Republicans and just nine Democrats. It failed, 93 to 32, with 19 Democrats declining to take a position by marking themselves 'present' or not at all. The House will have one more chance to adopt the proposal tomorrow, though its path to 100 votes remained unclear. The House approved the centerpiece of the bail package and one of Gov. Greg Abbott's top priorities, Senate Joint Resolution 5, last week. Under the state Constitution, almost everyone who is arrested has the right to be released on bail. The limited exceptions are people charged with capital murder and those accused of certain repeat felonies or bail violations. According to the U.S. Constitution and the U.S. Supreme Court, bail cannot be excessive, and pretrial detention largely should not be considered the default unless the defendant is a flight or safety risk, as criminal defendants are still legally presumed innocent. SJR 87 would have automatically detained and denied bail to anyone accused of certain felonies if they had previously been convicted of a felony or were out on bond at the time of the alleged offense. The resolution would have required a judge to find 'probable cause' — a relatively low burden of proof — that the defendant committed one of the listed offenses, which include murder, aggravated assault and human trafficking. Proponents of the measure, which sprinted through the Senate this month, argued that requiring automatic denial of bail was necessary to rein in judges letting dangerous defendants out on bond and to protect the public from people who commit more crimes while out of jail before trial. 'If we do not pass it, we will not be able to properly constrain judges who would release certain very dangerous people on the streets of our cities, our towns and our counties in the state of Texas,' Rep. Mitch Little, R-Lewisville and the proposal's House sponsor, said on the floor Monday. 'That is the moral conundrum we are in: Are we willing to allow the law to remain unchanged and put more people at risk?' The House agreed unanimously to name the measure, 'Jocelyn's Law,' after Jocelyn Nungaray, a 12-year-old Houstonian whose alleged killers were found to have entered the United States illegally from Venezuela. (The suspects were out on federal custody, not on bail, at the time of the crime.) 'We're talking about an effective class of people that amounts to 0.0084% of our population,' Little said. 'That is a number that is so infinitesimally small that it will not matter to you unless you are Paul Castro and your son David is shot in the head on the freeway in Houston for no reason at all. It is a number that will not matter to you unless you are Alexis Nungaray and your daughter is gone forever.' Democrats and civil rights advocates denounced the measure, arguing that it obliterated defendants' due process rights and judges' discretion to consider whether someone is a flight or public safety risk. 'You have a prior conviction and someone accuses you of something new — straight to jail,' said Rep. Joe Moody of El Paso, the top Democratic negotiator on bail issues this session. 'Not only have you not been convicted of the new accusation, but nothing even has to be considered in terms of your dangerousness or your flight risk.' 'We don't do that anywhere, ever, for any other kind of bail setting,' he added. 'We never have, and we shouldn't do it now.' Moody argued that Senate Republicans were 'moving the goalposts on bail' and trying to force SJR 87 through in the final days of session after months of uphill negotiations to secure a bipartisan agreement on the main proposal of the bail package, Senate Joint Resolution 5, which was adopted overwhelmingly last week. As Moody spoke against the measure, Rep. Harold Dutton Jr., D-Houston, lined up at the chamber's back microphone to ask questions in opposition to the proposal. His favorite refrain about the Senate, as members well know, goes, 'If they won't respect us, they need to expect us.' SJR 87 'was filed just days ago at the end of session and rocketed over to the House,' Moody said, highlighting several bipartisan House criminal justice bills that have languished in the Senate. 'This just isn't about the bad policy contained in SJR 87. This is about the dignity of this chamber, and I see Mr. Dutton standing at the back mic. Mr. Dutton, this is an 'expect us' moment.' First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Yahoo
23-05-2025
- Health
- Yahoo
Bill to stop flow of abortion pills into Texas clears House panel
A comprehensive crackdown on abortion pills passed out of a Texas House committee Friday, after conservatives criticized leadership for allowing it to languish. Since Texas banned nearly all abortions in 2022, people have found ways to obtain abortion-inducing drugs from a wide range of sources: out-of-state doctors, overseas pharmacies and whisper networks around the state, among other avenues. In response to red state abortion bans, blue states have passed shield laws to protect their providers from criminal or civil penalties for mailing pills. Anti-abortion groups and conservative lawmakers in Texas, frustrated by this easily exploited loophole in the law, have tried to stop this proliferation of pills with lawsuits and legislation. Senate Bill 2880 represents the most wide-ranging effort yet, giving the state a slew of new and legally unprecedented tools. If the bill becomes law, anyone who manufactures, distributes, mails, prescribes or provides abortion-inducing drugs can be sued for up to $100,000, even if the pills aren't proven to be the cause of death for the fetus. It expands the wrongful death statute to encourage men whose partners willingly terminate their pregnancies to sue whoever provided the pills for up to six years after the event. It also empowers the Attorney General to bring lawsuits on behalf of 'unborn children of residents of this state.' The bill also contains a controversial provision that says it cannot be challenged in state court before it is enforced, and a state judge who holds the law to be unconstitutional can be personally sued for $100,000. The bill passed the Senate 19-11 and was referred to the House State Affairs committee, where it lay dormant for three weeks. With the deadline for House committees to pass Senate bills approaching on Saturday, 43 Republican members of the House signed onto a letter, urging Chairman Ken King, a Republican from Canadian, to take up the bill. 'Texas is in crisis,' the letter said, noting that the state's strict abortion laws are 'subverted daily by bad actors who flood our state with dangerous and deadly abortion pills.' To really drive the message home, a group of House members held a press briefing Friday to demand that SB 2880, among other conservative bills, move before the deadline. 'We are in a war right now, and you need to understand we are running out of time,' Rep. Mitch Little, a Lewisville Republican, said. He said that a recent bill to clarify Texas' abortion laws was a 'noble thing to do, but there's a balance to this equation that has to be completed.' Just two hours later, the House State Affairs committee gathered for a last-minute meeting, where they voted 8-5 to move the bill. It now faces another tight turnaround to preliminarily pass the House before the Tuesday deadline. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Yahoo
20-05-2025
- Politics
- Yahoo
Texas Dems partially block controversial part of bail reform package
The Brief Texas House members took up two SJRs Monday SJR 1 and SJR 5 propose constitutional amendments concerning bail reform Both likely to face third votes this week AUSTIN, Texas - Texas Democrats partially blocked a controversial part of a proposed bail reform package Monday. Keeping violent criminal offenders locked up is considered a legislative priority this session and the Texas House focused on a comprehensive bail reform package on Monday. What we know The main reform plan, SJR 5, is a constitutional amendment that requires a public vote. The resolution puts pressure on state judges and magistrates to deny bail in cases of violent crime, including offenses such as murder, aggravated robbery, sexual assault of a child, kidnapping of a child and human trafficking. At least 12 House Democrats were needed to move the package forward, which brought a partial re-write to address initial concerns. SJR 5 was given preliminary approval on a vote of 133 to 8, but is not yet a done deal. Several Democrats voiced opposition to restrictions on charity groups that provide money for bail. It prohibits the use of grant money for local governments and requires organizations to do more reports on those who receive bail money. A final third reading vote could come Tuesday. What they're saying Lawmakers during Monday's debate were reminded of several bond cases that had deadly consequences. "In Hays County, Texas, there was a 19-year-old man who was shot dead with a rifle 30 times by a teenager. The teenager charged with his murder was released on bond. A retired Travis County judge said his bond at $150,000. It's a $15,000 cash hit. While he was on bond, he was arrested in Hays County and charged with trafficking another person. And two counts of sexual assault of a child. This is our opportunity to repair something that is broken," said state Rep. Mitch Little (R-Lewisville). "Quite frankly, some of those proposals were gulag bills. However, what we have now is a clear burden placed on the prosecution where it should be that lines up with federal standards," said state Rep. Joe Moody (D-El Paso). What we know A more intense debate took place on SJR 1, which would prevent bail for undocumented immigrants arrested on a state charge. "Can you please articulate a situation outside of this bill, where individuals are not entitled to a case by case analysis of the factors surrounding their accusation," asked state Rep. Erin Gamez (D-Brownsville). State Rep. John Smithee (R-Amarillo), who sponsored the bail package, responded by saying an ICE detainer. "Right, which would absolutely make what you're trying to do here moot, obsolete, repetitious, redundant, excessive, unnecessary, because you've already articulated on a multitude of occasions that the federal government is already doing that," said Gamez. Those who support non-bail for undocumented offenders noted how some judges have granted bail to help people avoid federal agents. Several House Democrats argued that the plan needs more protections for DACA recipients who may get caught up in the bail ban. There was also a call for alternatives to being jailed. State Rep. Ramon Romero (D-Fort Worth) suggested things like supervised release with GPS monitoring as an example. "If we bond someone out who is here illegally and who is accused of committing a crime, basically what we're doing, Mr. Romero, is we're saying we're giving them a head start on the federal authorities. That's all we're doing," said Smithee. SJR 1 moves to a critical third vote Tuesday. It only got 88 votes and remains 12 votes shy of the 100 needed to pass as a constitutional amendment. The parts of the bail reform package that do survive may have to be sent to a conference committee with the Senate, and there's not much time left in this session to work out a compromise. The Source Information in this report comes from interviews/reporting of FOX 7 Austin's chief political reporter Rudy Koski.
