Texas Border Business
Austin, TX — The Texas Senate passed several bail reform bills that were priorities for Lt. Governor Dan Patrick and were declared Emergency Items by Governor Greg Abbott. The bills—SJR 1, SJR 5, SB 9, and SB 40—were all authored by Senator Joan Huffman.
In her opening statement on the Senate floor regarding SJR 1, Jocelyn’s Law, Senator Huffman emphasized the legislation’s significance by sharing the tragic story of Jocelyn Nungaray, a 12-year-old girl from Houston who was strangled and killed by two men accused of entering the country illegally. She stated, “These two men were not denied bail for the murder of Jocelyn, even when the preponderous of the evidence that existed at arrangement, and the fact that their illegal immigrant status presented a major flight risk. This is just unacceptable in our state.”
Senator Juan “Chuy” Hinojosa, a co-author of the bills, highlighted the importance of these reforms, stating, “These bills are important to help keep dangerous and violent criminals from being released into our communities on improper bonds, where they could potentially commit more crimes. These reforms will help protect our families and our communities.”
During the Senate floor debate, Senator Hinojosa referenced a recent case from his district in Jim Wells County, where a repeat offender who, while out on bond awaiting trial for murdering his wife, subsequently murdered his 80-year-old mother. He stated, “This is a real-life example of the failures in our judicial system. As legislators, we must take action to correct these abuses, especially concerning violent criminals.” His comments highlighted the urgency for reform and the need for a judicial system that prioritizes public safety.
The bills passed by the Texas Senate and now under consideration in the Texas House include:
- SJR 1 – Mandates the denial of bail for illegal immigrants accused of felony offenses upon a finding of probable cause.
- SJR 5 – Grants magistrates the authority to deny bail to individuals accused of serious crimes, including sexual offenses, violent offenses such as murder or aggravated assault involving a deadly weapon, and continuous trafficking of persons.
- SB 9 – Transfers the authority to set initial bonds for specific high-risk defendants—such as those on parole, repeat felony offenders, and individuals charged with violent crimes or detained under immigration holds—from hearing officers to a Presiding Judge accountable to voters. This bill also expands the list of offenses ineligible for personal bond to include unlawful firearm possession, violations of family violence protective orders, terroristic threats, and murders related to fentanyl distribution. Additionally, SB 9 enhances transparency in reporting by charitable bail organizations, prevents magistrates from altering bonds set by district courts, mandates judicial appearances before felony bonds are set, and introduces a new appeal process for prosecutors to challenge insufficient bail.
- SB 40 – Prohibits political subdivisions from using public funds to bail out offenders through charitable bail organizations.
Senator Hinojosa reiterated, “Providing protection to the public from violent individuals is a priority.” These bills are now headed to the Texas House for further consideration. If passed by the House, the voters will have a chance in November to approve the constitutional amendments.
