SENATE APPROVES BAIL REFORM MEASURES

(AUSTIN) — The Senate on Wednesday passed three measures that aim to keep dangerous offenders from being released back onto the street after arrest. All three were authored by Houston Senator and former Harris County prosecutor Joan Huffman, who said that too often, people arrested for serious violent crimes are getting out on low cash bail amounts. Her bills would require denial of bail to certain offenders, while increasing oversight and accountability for judges when setting bail.

Houston Senator Joan Huffman passed the measures that seek to keep dangerous criminals from being released on bail.

The first bill, SJR 1, would ask voters to approve an amendment to the state constitution requiring that judges deny bail to any illegal immigrant arrested on suspicion of a felony offense, if the judge has probable cause to believe the suspect indeed committed the crime for which they are accused. This bill comes after the passage of the Laken Riley Act in Washington, DC, which requires that federal authorities take custody of any illegal immigrant who is charged, convicted, or admits to committing certain serious offenses. “To support the federal government in implementing this law, Texas needs to establish comparable detention measures for illegal aliens accused of felony offenses,” said Huffman.

Huffman offered this bill in memory of Jocelyn Nungaray, a 12-year-old girl from Houston who was sexually assaulted and murdered allegedly by two illegal immigrants from Venezuela in June of 2024. After the men were arrested in Harris County, bail was set for $10 million each. “These two men were not denied bail for the murder of Jocelyn, even when the preponderance of evidence that existed at arraignment and the fact that their illegal alien status presented a major flight risk,” said Huffman. “If these men had the financial means, they could be out on the streets today.”

In committee testimony on the bill last week, Jocelyn’s mother, Alexis, told members that she had to attend court in the midst of planning her daughter’s funeral to ensure that appropriate bonds were set. “I feel outraged that Texas judges are allowed to provide bail for evil people who do heinous things,” she told the committee. “I feel like it was a slap in the face to Jocelyn and our family to even have to make sure that they got adequate bond, because they preyed on her innocence and they had no business being here in the first place.” The bill, named “Jocelyn’s Law”, passed the Senate 29-2 and now heads to the House.

Next, the Senate took up and passed SB 9, which seeks to build on past bail reforms by improving the systems judges use to access complete criminal history. Huffman said that many state law enforcement agencies don’t adequately share information, which means a judge or a magistrate setting a bond might not have a full picture of the risk posed to the public should an accused offender be released. “To my dismay, I found out when we started digging into this that our different systems were not talking to each other,” she said. “We really need to bring ourself up into modern times.” The bill also requires that a judge, not a magistrate, sets bond for repeat felony offenders, offenders arrested while on parole, and those accused of the most serious violent crimes. “This change ensures that the most important bail decisions are made by judges who are elected officials and held accountable by their constituents,” said Huffman. It also adds new offenses, such as felony gun possession, terroristic threats, or violation of a family violence protective order to the list of crimes that are ineligible for release on personal bond. The final measure, SB 40, would prohibit taxpayer dollars being used for donations to charitable bond organizations. These bills also passed with overwhelming support and now head to the House.

Following passage, Lt. Governor Dan Patrick praised members for coming together and passing these measures. “One of the moments I’m really proud of the Senate, bipartisan support to protect the lives of adults and children in the state of Texas,” he said.

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