'Day of reckoning': Texas Gov. Abbott signs bail reform package in Houston

HOUSTON - Gov. Greg Abbott was in Houston on Tuesday to sign a group of bills that could fundamentally change how the bail system works in Texas in an attempt to keep the state's more dangerous people behind bars ahead of trial.

Bail reform was identified as an emergency priority issue by Abbott during his State of the State address.

What they're saying:

"This is a day of reckoning," Houston Crime Stoppers CEO Raina Mankarious said. "Today marks a historic moment in a fight for change that we began in 2018. A fight to stop a broken bail system from endangering the very people it's supposed to protect."

Mankarious sat on stage with Abbott, Lt. Gov. Dan Patrick, Crime Stoppers Director of Victim Services and Advocacy Andy Kahan, and Amy Castillo, founder of Texas Crime Victims United. They were surrounded by law enforcement officers and the families of crime victims.

"Too many families have paid the ultimate price for a system that has failed them," Mankarious said. "Too many officers have risked their lives rearresting violent offenders. Too many communities have been shattered by repeat criminals who should not have been released."

Abbott pointed towards the advocates who went to the state capital to testify on the bills and pushed for their passage.

"Today, that pain is answered because of what you and your families have been to," Abbott said. "Not only are we signing laws that correct the wrongs that caused you to suffer, but your efforts have led to a rewriting of the Constitution of the state of Texas to ensure criminals like those who harm your families, will never be out on the loose again."

What bail reform bills passed?

The Texas Legislature passed nearly a dozen bills setting new rules on how bail is set in the state and when it can be denied. 

The new laws will outline when a judge must deny bail for violent crimes, when a judge must require a cash bond and prevent municipalities from using taxpayer dollars to bail defendants out of jail.

Senate Joint Resolution 5

Senate Joint Resolution 5 will require 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.

Senate Bill 40

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. 

What they're saying:

Critics of the bill argue that it’s not needed as there is no evidence that public funds have been used to pay nonprofit bail organizations in the state.

Supporters say the bill will create a legal boundary to prevent it from happening in the state.

Senate Bill 9

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.

What bills didn't pass?

Still, not every bail reform bill passed the Texas legislature this session.

Among those, Senate Joint Resolution 87 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.

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.

What they're saying:

Patrick on Tuesday said the failed vote should put those Democrats who voted "no" on notice.

"Bring me five residents who think murderers should be out on the street," Patrick said. "Bring me five voters who say that illegal immigrants should be out on the street to kill little girls."

Also missing from Tuesday's signing, Senate Joint Resolution 1, which would have denied bail for undocumented immigrants who commit certain felonies.

Other bills that modify the Texas bail and criminal justice system

Several other bills will have an impact on Texas courts and the bail system.

House Bill 2697: House Bill 2697 will require bail bondmen to notify prosecuting attorneys when they relinquish responsibility for a defendant's bond. Under the law, bail bondsmen would need to inform the attorneys before filing the affidavit of intent with the court.

House Bill 2073: House Bill 2073 will increase the penalty for violating protective orders or bond conditions while carrying a deadly weapon.

House Bill 2492: House Bill 2492 changes how long a person can be held after being arrested for a family violence incident. Under current laws, arresting agencies can hold someone for up to four hours. The new law would require a four-hour hold after bond if there's probable cause to believe the violence would continue if the person was immediately released.

Senate Bill 1020: Senate Bill 1020 requires bond companies to inform attorneys and the court when someone violates their bond conditions. SB 1020 would require the bond company to report if an electronic monitoring device was tampered with.

Senate Bill 1021: A person guilty of stalking would not be eligible for court-ordered community supervision under Senate Bill 1021.

Texas bail laws

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.

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.

What is bail?

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.

TexasCrime and Public SafetyGreg AbbottTexas Politics