Monday is "D-day" for Texas bail reform legislation; will you see it on the November ballot?

Texas bail reform battle hits state capitol

On Monday, the Texas House votes on long-awaited bail reform legislation. Senate Joint Resolution 5 would give judges the discretion to deny bail to defendants charged with certain violent offenses.

The Texas House of Representatives is set to vote Monday on bail reform legislation that lawmakers have been trying to push through since 2021.

A big day for bond reform in Texas 

Senate Joint Resolution 5 will require a two-thirds majority vote in the House to go on the November ballot, since it’s an amendment to the state constitution.  It would allow — but not mandate — a judge or magistrate to deny bail to a person accused of certain violent offenses, including murder, aggravated robbery, sexual assault of a child, kidnapping of a child and human trafficking. 

The push to keep violent offenders behind bars 

What they're saying:

Those in favor of the amendment say it will keep violent offenders behind bars while awaiting trial, possibly saving lives. 

"Sadly, we've actually documented over 200 people just in Harris County that have been murdered by defendants out on more than one felony bond or felony pr bond and I don’t want to add any more people to that list," said Andy Kahan with Crime Stoppers of Houston. 

A burden on taxpayers?

The other side:

On the other hand, those against the legislation claim that the amendment would jail more innocent people in Texas. 

The Bail Project said in an article, "On any given day, over 53,000 people are locked up in Texas jails, most of them awaiting trial – not because they’ve been convicted of a crime, but because they can’t afford bail. Texas taxpayers already spend over $1 billion annually to detain legally innocent people."

Saying that the passing of the legislation would increase that number. 

What else will the amendment do?

Dig deeper:

Kahan says language in the amendment would also allow judges to deny bond for convicted felons charged with additional violent offenses. 

He also says another provision would allow judges to restrict personal recognizance bonds for those charged with' felon in possession of a weapon'. 

More crime-related legislation in the spotlight 

The Texas Legislature is also set to take action on some other bills of high interest in criminal justice reform, including House Bill 1902 and Senate Bill 3031.

HB 1902 aims to create a specific criminal offense for "jugging". Jugging is an act in which a suspect surveils an institution like a bank or ATM and follows a victim from the location to commit a robbery. 

SB 3031 aims to enhance penalties for those accused of "road rage" shootings. It would enhance the aggravated assault with a firearm charge involving a vehicle, from a second-degree felony to a first-degree felony. 

What's next:

Two-thirds (100 votes) of the House will have to vote in favor of SJR 5 for it to be put on the November ballot, where voters of Texas can decide if the legislation becomes law.