Texas bail reform bills advance out of committee

RIO GRANDE VALLEY, Texas (ValleyCentral) — The Texas Legislature was back in session Tuesday, taking up one of the emergency items Governor Greg Abbott identified in his recent State of the State address.

The Senate Criminal Justice Committee heard from witnesses surrounding several proposed bills aimed at bail reform.

Governor Abbott's announcement that bail reform would be an emergency item this session caught even some in the crowd off-guard. Representative Erin Gamez, representing the 38th District in Brownsville said bail reform is not a new idea.

“The past two previous legislative sessions, the Governor and the Senate has attempted to pass some sort of bail reform, and both attempts have failed for the past two bienniums," Gamez said. "Almost five years now."

The Criminal Justice Committee invited interested parties to speak both for and against a suite of legislative proposals.

Including Paul Castro, whose son was killed in a road rage incident in Houston. The accused in that case, had received bail while awaiting trial.

Castro told committee members, “Our current bail bond system rewards violent offenders with freedom while cursing victims’ families with fear and worry. We’re left to hope that a system that repeatedly fails to protect us, one that places criminal’s rights over those of victims, will keep our community safe.”

The statutes the committee held hearings on include a constitutional amendment that would deny bail to anyone in the United States illegally, arrested for a violent crime. Other bills would withhold bond from those arrested for a variety of crimes, including aggravated sexual assault and capital murder.

Anthony Gray, a man who had been sentenced to death and eventually exonerated, also testified about his personal experience.

“In 1992, I was wrongfully convicted and sentenced to death for a crime I knew absolutely nothing about," Gray said. "Before my wrongful conviction, I was arrested and spent 2 and a half years in jail without the possibility of a bond."

The prohibition against excessive bail is protected under the 8th Amendment to the U.S. Constitution.

Representative Gamez said she thinks any move towards denying bail as a matter of law, could be challenged as a violation of the 8th Amendment. There are already mechanisms in place that allow attorneys to address the issue of bail.

She said the judiciary should be able to use its authority to mandate an appropriate bail amount.

“Any time we have the executive branch, or the legislative branch trying to diminish or lessen the power of another branch, we throw off the balance," Gamez said.

Hidalgo County District Attorney Terry Palacio said he would like to see judges who handle the imposition of bail be able to use their discretion.

“They need to look at all the facts and circumstances to make sure our community is safe when they set bond," he said. "There’s still a presumption of innocence, also. So they need to look at the probable cause statement, and how much facts they have on that particular person and set your bond accordingly."

Four of the five bills were passed out of committee, with one piece of legislation being tabled for now.

All passed by a 6-0 vote, including Valley Democratic State Senator Juan "Chuy" Hinojosa. The bills will now proceed to the full Senate.