Texas Senate considers measure to deny bail for violent or sexual offenses

AUSTIN (Nexstar) — The Texas Senate is expected to take up a resolution Monday that would deny bail for those facing violent or sexual charges, as part of Republicans' larger push around bail reform after campaigning on promises of "tough-on-crime' policies.

If approved by voters, SJR 44 would authorize judges to deny bail "under some circumstances" to a person accused of a "violent or sexual offense or of continuous trafficking of persons." The resolution's author, Sen. Joan Huffman, R-Houston, said during a March 7 committee hearing on her legislation that it would give local officials needed tools for making bail determinations.

"Texas lacks viable options for detaining our most habitual, violent felony offenders without bond," she said. "This bill has been delayed now for a couple of years. And I think it has cost lives to be honest."

Currently, the Texas Constitution has little exceptions for cases in which judges can deny bail outright.

The legislation has garnered bipartisan support, with additional sponsorship from Sen. Juan "Chuy" Hinojosa, D-McAllen. A similar proposal passed in the Senate during the 2021 legislative session, but House members did not obtain the necessary two-thirds majority support to pass it.

Opponents have expressed concern that this could violate Texans' due process rights or lead to higher rates of incarceration. Lauren Rosales with the Bail Project testified against the bill in an earlier March hearing in the Senate Criminal Justice Committee.

"This amendment would mean that more Texans would remain locked in jail away for weeks, months or years without having been convicted of a crime," she said. "More Texans will plead guilty... resulting in more unnecessary incarceration."

Other state leaders like Gov. Greg Abbott have pointed to a rising number of defendants charged with additional crimes while out on bond, specifically in Harris County, as reasons for prioritizing bail reform and other measures Republicans say will increase public safety.

"I signed a bail reform law last session to try to strengthen bail policies but to make sure that we achieve what we needed to achieve, we also needed to amend the Texas Constitution,” Abbott said last September.

SJR 44 is scheduled on the Senate calendar Monday for a second reading on the floor, once lawmakers gavel in around 3 p.m.

This is a developing story, check back for updates. Capitol Correspondent Monica Madden will have a full report on KXAN at 6 p.m.