Texas Senate bail reform measures have made significant strides in the House, with three bills authored by State Sen. Joan Huffman (R-Houston) moving forward on Monday.
Among these measures, Senate Bill 9 (SB 9) and Senate Joint Resolution 5 (SJR 5) passed their second readings with strong bipartisan support.
SJR 5 did not require an additional reading, while SB 9 successfully passed its final vote this morning.
However, another proposal, SJR 1—designed to amend the Texas Constitution to deny bail to individuals in the country without legal status who are accused of serious crimes—has garnered a simple majority but must undergo a third reading.
That final vote is scheduled for Wednesday afternoon.
Efforts to reform Texas’s bail system date back to 2017, as lawmakers aim to address concerns over individuals accused of serious felonies being released on bond while awaiting trial.
Governor Greg Abbott identified bail reform as one of his seven emergency items for the current legislative session, condemning the current system as ‘broken’ and linking it to several deaths attributed to individuals free on bond.
During the House discussions, State Rep. John Smithee (R-Amarillo) presented SJR 1, highlighting amendments that narrowed the definition of ‘illegal alien’ and limited its application to the most severe felonies.
Smithee pointed out that legislative counsel had compiled a lengthy list of felonies in Texas, approximately 30 pages long, ranging from minor infractions to serious offenses.
The revised version of SJR 1 now applies to around 20 categories of felonies, such as murder, aggravated kidnapping, sexual assault, and aggravated sexual assault.
Smithee emphasized that most of these individuals would already be facing detention by U.S. Immigration and Customs Enforcement (ICE) under federal law.
He added that the measure aims to prevent a small group of alleged offenders—illegally present in the country—from evading justice.
‘We have to ensure there is probable cause established by a court that the alleged acts have been committed,’ Smithee remarked.
SJR 1 has also been dubbed ‘Jocelyn’s Law’ in memory of Jocelyn Nungaray, a 12-year-old Houston girl who was tragically killed after allegedly being assaulted by two non-citizens.
Smithee lamented, ‘If this constitutional amendment had been passed six years ago, there would be children alive today who were tragically killed.’
On the other hand, several Democratic representatives voiced concerns that SJR 1 could infringe upon the due process rights of immigrants, especially those who have been brought to the U.S. as children—known as Dreamers or DACA recipients.
State Rep. Ramon Romero Jr. (D-Fort Worth) argued, ‘The question is, can someone be falsely accused, and if so, is that enough to deny someone the right to a trial or the right to bail?’
State Rep. Terry Canales (D-Edinburg) criticized the measure for its perceived hypocrisy, noting that serious crimes committed by U.S. citizens can pose equal risks to community safety.
Canales stated, ‘If you want to get tough on crime, let’s deny all of them bail.’
Meanwhile, SJR 5 aims to similarly tighten bail conditions by mandating that individuals face denial of bail pending trial if the state can convincingly assert that the accused is a flight risk or poses a threat to the community.
The proposal passed overwhelmingly in the House with a vote tally of 133-8, avoiding the need for a third reading.
Should the Senate approve the amendments made in the House, Texas voters will decide on the measure in the upcoming November elections.
SB 9, however, is expected to undergo a third reading and may require negotiations with the Senate regarding amendments.
This bill proposes to amend the list of offenses necessitating a cash bond instead of a personal recognizance bond, which will now include unlawful firearm possession, violation of protective orders related to family violence, terroristic threats, and related murder offenses.
Smithee introduced this vital legislation by asserting, ‘I’ve never voted on any legislation more important than what we’re getting ready to consider.’
He highlighted the potential impact of the reforms on innocent lives as they work to protect the community from violent offenders.
State Rep. A.J. Louderback (R-Victoria), a former county sheriff, echoed this sentiment, stating, ‘We have a crisis in our state of violent offenders who are returning to our communities.’
In response to SB 9’s advancement, the American Civil Liberties Union (ACLU) of Texas criticized the bill as an infringement of due process rights, particularly affecting low-income defendants.
Nick Hudson, ACLU of Texas’ senior policy and advocacy strategist, remarked, ‘S.B. 9 further cements a two-tiered system of justice in Texas — one for the wealthy and one for everyone else.’
Hudson called for reforms rooted in fairness and evidence, arguing that Texas families deserve better than legislation driven by fear.
As the final vote for SJR 1 approaches, the discussion surrounding bail reform continues to highlight the complexities of balancing public safety, immigration status, and due process rights.
The Texas Senate’s efforts to reform the bail system underscore a significant shift in legislative priorities regarding crime and community safety.
With the expiration of the legislative session approaching, the fate of these bills will soon be determined.
The outcome may set a precedent for how the state handles serious crimes and the rights of those accused in Texas for years to come.
As the debate continues, Texas lawmakers will grapple with ensuring that both justice and community safety are upheld in their legislative agenda.
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