Texas House Advances Bail Reform Measures: Constitutional Amendments Head to Senate

By: D. D. Reese

The Texas House of Representatives has advanced a series of bail reform measures aimed at tightening pretrial release policies for individuals accused of serious offenses. The legislative package includes Senate Joint Resolution 5 (SJR 5) and Senate Bill 9 (SB 9), both of which received substantial support and now await consideration in the Senate.

Overview of the Proposed Measures

SJR 5 seeks to amend the Texas Constitution to allow judges to deny bail to individuals charged with certain violent felonies, such as murder, aggravated kidnapping, and aggravated sexual assault. Under current law, only those accused of capital murder can be held without bail. If approved by the Senate and ratified by voters in the November election, the amendment would expand judicial discretion in pretrial detention decisions.

SB 9 proposes to restrict the use of personal recognizance bonds for individuals accused of violent or repeat offenses. It also introduces a provision allowing prosecutors to appeal bail decisions, potentially delaying a defendant's release for up to 20 days during the appeal process.

Support and Rationale

Proponents of the reforms argue that they are necessary to enhance public safety by preventing the release of individuals who pose a significant threat to the community. They contend that the current bail system allows dangerous offenders to secure release and potentially commit additional crimes while awaiting trial. Supporters also believe that the measures will restore public confidence in the criminal justice system by ensuring that pretrial release decisions prioritize community safety.

Concerns and Opposition

Critics of the proposed legislation express concerns about potential infringements on the presumption of innocence and the right to pretrial release. They argue that the reforms could lead to increased pretrial incarceration, disproportionately affecting low-income individuals who may lack the resources to secure bail. Opponents also caution that the measures could exacerbate jail overcrowding and strain county budgets.

Next Steps

The Senate is expected to review and vote on the proposed measures in the coming weeks. If approved, the constitutional amendment outlined in SJR 5 will be placed on the ballot for voter consideration in the November general election. The outcome of these legislative efforts will significantly impact the future of bail practices and pretrial detention policies in Texas.