For years, bail reform legislation has died long before it reached the governor’s desk in Texas. This session, with a strong push from the state’s top executive, measures to crack down on bail access achieved mixed results in the Capitol’s lower chamber.
Last Monday, the House passed Senate Joint Resolution 5, which proposes a constitutional amendment that would force judges to deny bail to people accused of certain violent crimes. In February, the state Senate passed a harsher version of the bill, but the one that passed through the House offered what advocates are calling some key protections: The House version includes the right to an attorney at bail hearings—which is not currently guaranteed in Texas—and requires that the state offer proof that a defendant is a public safety risk or is likely to flee before the judge denies bail.
“We are hopeful that these protections will stay in place,” said Emma Stammen, policy strategist with The Bail Project. “We are really encouraging lawmakers to stand firm in that process and ensure that those protections aren’t stripped out of the bill because these are things that Texans really need and deserve.”
