Latest news with #SJR5
Yahoo
20-05-2025
- Politics
- Yahoo
House supports Abbott's bail priorities—minus ban on bail for undocumented people
AUSTIN (Nexstar) — On Tuesday morning, the Texas House overwhelmingly voted to support one of Gov. Greg Abbott's top priorities of this session — bail reform. However, their votes indicated a desire to strip one proposed element of the reform — to automatically deny bail for people illegally in the country charged with certain felonies. First, the House voted 122-20 to advance an amended version of Senate Bill 9, an encompassing bill reducing personal bond options, requiring judges to review appointed magistrates bond amounts and allowing prosecutors to protest bond decisions. Then, the House voted 133-8 to advance an amended version of Senate Joint Resolution 5, a proposed constitutional amendment which would require judges to deny bail for certain felony charges if judges feel the accused is either a flight risk or a threat to the community. Finally, the House voted 88-50 to advance an amended version of Senate Joint Resolution 1, which would deny bail for those accused for 'illegal aliens' charged with certain felonies. While all three bills advanced to a third reading, SJR 5 and SJR 1 will require 100 votes to pass as a two-thirds threshold is required to pass a constitutional amendment. Two weeks ago, Abbott held a news conference urging Democratic support of his bail reform package. However, he didn't seem optimistic. 'There is progress, but not sufficient progress being made with discussions,' Abbott said on May 7. 'I will tell you this… the amendment version that has the elements I laid out today, as well as a few more elements, I don't know how many Democrats have actually seen that yet, so they have not yet been put to the test.' Those changes appeared to be enough. The primary change was requiring judges to find a defendant is likely to willfully skip their court date or is a threat to their community. Judges would have to make their determination on the 'preponderance of evidence'– more likely than not–standard after Rep. Mitch Little's, R-Lewisville, amendment to change it from a 'clear and convincing evidence' standard. 'SJR 5 has come a long way. It isn't perfect, but it's a good balance that's going to get us to the right results in most cases.' State Rep. Joe Moody, D-El Paso, said. 'As the bill came to us, it was a 'may deny bail' with no burden of proof on the state and no right to counsel. It also swept up poor people who might miss court due to things like lack of transportation, instead of focusing on flight risk. It had some procedural problems. That all got worse in certain proposals that we saw that applied to a wide range of offenses that would have flipped the burden onto the defendant to prove that they should be released. Quite frankly, some of those proposals were Gulag bills.' Moody, who is listed as the only Democratic House sponsor on the bill, says their version is a good fix to the problems on the extreme high end of the bail system. 'It guarantees counsel in these bail hearings. It focuses on only willful non-appearance. It applies only to serious charges and requires consideration of the specific facts behind them. It's true that this is a shall deny bail when those things are proven, but the reality is that's already happening,' Moody said. 'If the state proves a person is a danger or a flight risk at a hearing where the defendant is represented, that's a person who should be locked up pending trial.' Even the Bail Project, an advocacy group dedicated to to ending the cash bail system, had a positive outlook on the changes. 'The Senate's version of SJR 5 threatened to unravel core legal protections and open the floodgates for unchecked pretrial incarceration,' the Bail Project's Deputy Director of Policy said in a statement. 'But today, the House took a meaningful step in the right direction by passing a version of the amendment that restores critical safeguards. High legal standards to deny release and the right to counsel when pretrial liberty is at stake are essential to protecting due process and preventing widespread abuse of pretrial detention. While our concerns about threats to pretrial liberty remain, the House version reflects a more responsible approach. Lawmakers must stand firm in conference and reject any attempts to strip these hard-fought protections.' If the Texas House is going to pass SJR 1, they're going to need to convince ten more Democrats to vote for the bill on the third and final reading. According to Texas Legislature Online's unofficial tally, 86 of the 88 House Republicans voted in favor with Speaker of the House Dustin Burrows, R-Lubbock, not voting and State Rep. Richard Hayes, R-Lake Dallas, being absent. On the other side of the aisle, Moody and State Rep. Richard Peña Raymond, D-Laredo, were the only two Democrats to vote in favor of the proposed amendment. SJR 1 defines an 'illegal alien' as someone who entered the country without inspection or someone admitted legally who failed to maintain their legal non-immigrant status. The amendment would require judges to hold 'illegal aliens' without bail if a judge or magistrate finds probable cause on a long list of felonies — most of them violent or sexual in nature. 'Had we passed this constitutional amendment years ago, there'd be little boys and girls still alive today who were tragically killed,' State Rep. John Smithee, R-Amarillo, said. Smithee is the primary House sponsor on SJR 1. 'Consider the rights of the innocent people who deserve to be protected from the senseless acts of violence.' SJR 1 is unofficially known as 'Jocelyn's Law,' named after 12-year-old Jocelyn Nungaray who was killed in Houston last June. The two men charged with Nungaray's murder were Venezuelan nationals in the country illegally. Jocelyn's mother Alexis was invited to Abbott's 'State of the State' address, where he declared bail reform an emergency item. 'Illegal immigrants who are arrested should be considered a flight risk, denied bail and turned over to [Immigration and Customs Enforcement,]' Abbott said during the address. On Tuesday, the Democratic House Caucus got their chance to respond, both through their votes and through a fiery speech by State Rep. Terry Canales, D-Edinburg. 'This is a tough one. It's tough. But there's a level of logic here that's missing. One of the most fundamental things a judge considers when he's going to determine whether you have the right to bail is whether you're a flight risk, but that's just one. The second one is danger to your community,' Canales said. 'So as I listen to this, okay we're going to say 'you're fundamentally a flight risk because you're here illegally,' I would tell you, I'm more worried about how big a danger you are to the community. And those crimes committed by an American citizen don't make that person any less dangerous. So think about it. I'm voting no because the hypocrisy of it doesn't withstand the smell test… You wanna get tough on crime, let's deny all of them bail. Vote no on this piece of crap.' Both SJR 1 and SJR 5 need 100 votes on third reading to pass. If either proposal gets through the legislature, Texas voters will have the final say on Nov. 4. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
14-05-2025
- Politics
- Yahoo
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.
Yahoo
13-05-2025
- Politics
- Yahoo
Abbott seeks stricter bail laws after East Texas murder suspect escapes while under house arrest
VAN ZANDT COUNTY, Texas (KETK) – Gov. Greg Abbott continues to seek stricter bail laws after authorities lost track of a murder suspect in Van Zandt County last week. On May 5, Trevor McEuen was due in court after he was charged with murder in connection with the 2023 fatal shooting of Aaron Martinez in Kaufman County. At around 5:33 a.m. that day, McEuen, who had been released from jail after posting a $2,000,000 bond, removed his ankle monitor and left his family's Van Zandt County home where he was confined to house arrest. $10K reward issued for 2023 fatal shooting suspect after running from Van Zandt County authorities McEuen's disappearance triggered a search of Van Zandt County and the issuing of a $10,000 reward for information leading to his arrest after officials concluded that he had left the county. On Wednesday, FOX4 in Dallas reported that Abbott had a roundtable discussion centered around his desire for the Texas Legislature to pass new laws that will deny bail to those charged with certain violent offences. 'Everyone involved in the bail system has a responsibility to put the safety of Texans first—from the activist judges who set weak bail to the legislators who have the opportunity to keep repeat offenders off our streets,' Abbott's press secretary, Andrew Mahaleris, said to KETK on Monday. 'Texas must keep dangerous criminals like McEuen behind bars. This session, Gov. Abbott will work with the legislature to require judges deny bail to criminals charged with capital murder and other heinous, violent crimes. Democrats must choose – support the safety of the citizens they represent, or the criminals who kill them.' The main bill proposed this session to change Texas's bail laws is Senate Joint Resolution 5, which would present voters with a constitutional amendment that authorizes 'the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons.' SJR 5 passed the Texas Senate in a 28 to 2 vote on Feb. 20. According to the Texas Tribune, similar bills have passed the Senate in recent years but have died in the House since they need a two-thirds majority vote to pass amendments to the Texas Constitution. 'The Senate has passed bail reform legislation in every session for the past six years, but, unfortunately, every single bail reform bill has died in the Texas House. The Texas Senate will continue to pass this bail reform package until the Texas House takes action,' Lt. Gov Dan Patrick said on Feb. 20. 'Repeat offenders should not be allowed to roam freely, continuing their crime sprees and causing chaos across our state. The Texas Senate has listened to the concerns of Texans statewide whose lives have been destroyed by criminals released on low bonds or no bonds at all set by irresponsible judges or magistrates.' Other senate bills like Senate Joint Resolution 1 and Senate Bill 9 also passed in February and are waiting to pass through the Texas House Committee on Criminal Jurisprudence, along with SJR 5. SJR 1 proposes a constitutional amendment denying bail to undocumented immigrants charged with felonies and SB 9 denies personal bond for anyone charged with murder by manufacturing or delivering fentanyl, unlawful possession of a firearm, violating certain court orders like family violence protective orders and making terroristic threats. Trinity County Jail overcrowding burdens local taxpayers, sheriff says The American Civil Liberties Union of Texas updated its 'Bail In Texas: A Brief for State and Local Policymakers' in January. The brief discusses the costs of unwarranted pretrial detention for local jails, those unable to afford bail and the Constitution. 'Unwarranted pretrial incarceration is costly and increases crime. It also breaks important promises in our Constitution and our laws about what justice is supposed to look like. The U.S. Constitution requires that in each case, before locking someone up before trial, the government must prove that pretrial detention is necessary at a fair hearing,' ACLU of Texas, senior manager of policy, Nick Hudson wrote in the brief. 'Furthermore, pretrial detention should only be allowed in extremely limited circumstances. State and local policymakers must take steps to eliminate wealth-based detention while respecting the presumption of innocence and the fundamental right to pretrial freedom.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
08-05-2025
- Politics
- Yahoo
Abbott pushes bail reform, warns Democrats not to back ‘dangerous criminals'
AUSTIN (Nexstar) — To get his bail reform priorities passed, Gov. Greg Abbott needs to convince at least 12 House Democrats to join all the House Republicans. On Wednesday, Abbott hinted he still needs those votes. 'There's progress, but not sufficient progress,' he said. Abbott also didn't shoot down the idea of going to special session over bail reform. 'We'll make decisions like that as they arise. My expectation is that no Democrat, no Republican, wants to have on their record that they supported dangerous criminals over the safety of their own constituents.' An (even) stricter bail proposal In February, the Texas Senate passed out State Sen. Joan Huffman's, R-Houston, bail reform package, including two proposed constitutional amendments. Constitutional amendments require a two-thirds vote from each chamber of the Texas legislature before needing a simple majority in a public vote. Senate Joint Resolution 1 would require jails to hold those charged with felonies without bond if they're in the country illegally. Senate Joint Resolution 5 would give judges discretion to hold those accused of certain violent and sexual felonies without bond. However, Abbott appears to want SJR 5 to go further. 'We need to amend the [Texas] Constitution to do several things,' Abbott said. 'One, judges must automatically deny bail for violent crime. Crime like murder, rape and human trafficking — unless there is clear and convincing evidence that the defendant will appear in court and not endanger the community. What this does [is] it changes the law to shift the burden for repeat violent criminals to prove that they are not a danger to the community.' 'I'll never see him again': Activists argue against Texas bail reform Abbott acknowledged that most Democratic lawmakers have yet to see the updated version. 'I don't know how many Democrats have actually seen that yet, so they have not been put to the test,' Abbott said. 'They will be put to the test, though, here in a week or two.' Getting bail reform passed On Thursday, May 15, all House bills with a chance to pass will need to have been heard on the House floor. Both SJR 1 and SJR 5 had identical versions heard in the House Criminal Jurisprudence Committee in March. They've been sitting there ever since. 'We've got to get it this week out of committee,' House Criminal Jurisprudence Chair John Smithee, R-Amarillo, said. 'Hopefully it will be on the floor within a week or so.' Advocates make the case against bail reform: 'Texas' pretrial system is broken' If it gets to a floor vote, the 88 House Republicans will not be able to pass it without at least 12 Democrats jumping on board. However, Abbott said this as an issue Democrats should want to vote in favor of. 'It's a common sense issue, fixing the deadly and broken bail system that lets dangerous criminals right back onto our streets,' he said. 'This is and should not be a Republican or a Democrat issue. This is a public safety issue, plain and simple.' Huffman took a stronger stance and said she's done enough negotiating. '[House Democrats] constituents are being raped, murdered, threatened, terrorized [and] they should have a moral obligation to take this vote and to pass this on, so the Texas voters can make a decision,' she said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to KXAN Austin.
CBS News
04-05-2025
- Politics
- CBS News
Texas constitutional amendment aims to keep state judges from releasing violent offenders on low bail
With about a month left in the Texas legislative session, Governor Greg Abbott is pushing another one of his "emergency items": a constitutional amendment on bail reform. The Governor is urging Texas lawmakers to pass a bill and Constitutional amendment to crack down on local judges who he says repeatedly release violent offenders on low bail, only to see them commit more violent crimes, including murder. At an event in Houston last week, Abbott joined family members whose loved ones he said were killed by offenders let out on low bail after committing violent crimes. Chuck Cook spoke in favor of the legislation because his mother Rosalie was stabbed to death, "My mom died a lonely, painful death on the hot asphalt of a Walgreens parking lot drowning in her own blood. The system is supposed to be designed to protect the public and most importantly, the most vulnerable. The system failed my mother." While the Texas Senate passed SB 9 and SJR 5, the Governor had a message for the Texas House, which will soon consider the legislation. "This is common sense," said Abbott. "You pass this bill, pass this constitutional amendment, lives will literally be saved. You fail to pass this; more people are going to be murdered. This has to get done." Earlier last week, the Governor spoke before local sheriffs. "The fact is that activist judges let repeat offenders, gang members, career criminals, back out into the neighborhoods with little or no bail. All must end this easy bail system this session." Among other things, this constitutional amendment will require judges to automatically deny bail for violent crimes, including murder, rape, and human trafficking. It would also give prosecutors the right to appeal a judge's decision on bond and require judges to explain in writing why they released a violent criminal on what the Governor called easy bail. Texas Senators comment on the measures State , D-Austin, is one of two Democrats in the Senate who voted against the measures. She told CBS News Texas, "There was a lot of good stuff in the bill, but on balance, I had to vote against it because it took away fundamental rights to individuals based on where they were born, and that under the U.S. Constitution as well as the state constitution, a judge gets to determine the risk of you reoffending or being a flight risk based on an individual analysis, not on where you were born." State Senator Joan Huffman, R-Houston, wrote the bill not only this year, but two years ago when it was killed in the House. She told CBS News Texas, "We need to give judges the ability to hold the most violent offenders without bond awaiting trial after due process and finding a probable cause. We have seen incident after incident in Harris County alone. There's been 162 murders in the last couple of years by individuals out on bond for a felony or a violent offense. People are dying. It's not just in Harris County. It's happening throughout the state." Asked if judges have the ability to place a high bond, Huffman said, "They do have that ability to do so, to put a high bond. Many times, they go back and lower those bonds. They do not have the ability to set a no bond or a strict, holding of a person." Senator Eckhardt said if a judge is found to be releasing violent offenders on lower bail, voters have a remedy. "We have elected judges in Texas, and if an elected judge is too lenient and doesn't protect the community's safety, the remedy is to vote them out, and we have." In response Huffman said, "They can vote them out, but there are many judges especially in these large counties. It's very hard for the public to be informed about these judges. That's part of what we're trying to do with this legislation is bring transparency to the process." What is next for the constitutional amendment on bail reform? The bill is making its way through the Texas House. Because this is a constitutional amendment, 100 votes are needed to send this to the voters to decide this in November. There are 88 Republicans in the House, and all are expected to vote for this, and so that means, they will need 12 Democrats to approve it. In March, CBS News Texas asked Speaker Dustin Burrows, R-Lubbock, about this scenario and whether he would lean on the Democrats who serve as committee vice-chairs and subcommittee chairs if necessary. Burrows said, "It's why working across the aisle is so important. Many of the big things we do does require working across the aisle and I think at the end of the day, we're going to find a solution. We're going to find the 100 votes that are necessary. But we're going to work to get those, and it may take a little bit to figure out how to get that done. But we're going to continue to work with all our colleagues." Some House Democrats have vowed to block some constitutional amendments after Republicans rejected their plan to send the school choice-education savings account bill to the voters. In an interview with CBS News Texas, Texas Democratic Party Chairman Kendall Scudder said, "I would hope that the Democrats would remain true to their word, and they would move forward with trying to block any of these constitutional amendments, moving forward until the Texan public have a right to vote on whether or not they are going to have their community schools raided by billionaires." House Republicans rejected a voter referendum last month on the school choice education savings accounts bill that will provide tax dollars for students to attend private school. That bill is now law in Texas. Texas Republican Party Chairman Abraham George told CBS News Texas that the party is behind the Governor's effort and wants him to play hardball. "I hope he will call special sessions if he doesn't get this. I really do hope he will do that because this has been a problem especially in the last few years with all the illegal immigration. We have people who are charged for murder walking out and going and committing crime. It's been crazy. The party would support and will stand with the governor on this, 100 percent." Senator Huffman said she will work with House Republicans to get this passed.
