Texas Dems partially block controversial part of bail reform package

Lawmakers pushing to pass bail reform package

Supporters of a major bail reform package worked through the day trying to keep it alive. Texas House democrats have partially blocked part of the plan which would deny bail for accused criminal offenders who are undocumented immigrants

AUSTIN, Texas - Texas Democrats partially blocked a controversial part of a proposed bail reform package Monday. 

Keeping violent criminal offenders locked up is considered a legislative priority this session and the Texas House focused on a comprehensive bail reform package on Monday.

SJR 5

What we know:

The main reform plan, SJR 5, is a constitutional amendment that requires a public vote. 

The resolution puts pressure on state judges and magistrates to deny bail in cases of violent crime, including offenses such as murder, aggravated robbery, sexual assault of a child, kidnapping of a child and human trafficking.  

At least 12 House Democrats were needed to move the package forward, which brought a partial re-write to address initial concerns.

SJR 5 was given preliminary approval on a vote of 133 to 8, but is not yet a done deal. 

Several Democrats voiced opposition to restrictions on charity groups that provide money for bail. It prohibits the use of grant money for local governments and requires organizations to do more reports on those who receive bail money. 

A final third reading vote could come Tuesday. 

What they're saying:

Lawmakers during Monday's debate were reminded of several bond cases that had deadly consequences.

"In Hays County, Texas, there was a 19-year-old man who was shot dead with a rifle 30 times by a teenager. The teenager charged with his murder was released on bond. A retired Travis County judge said his bond at $150,000. It's a $15,000 cash hit. While he was on bond, he was arrested in Hays County and charged with trafficking another person. And two counts of sexual assault of a child. This is our opportunity to repair something that is broken," said state Rep. Mitch Little (R-Lewisville).

"Quite frankly, some of those proposals were gulag bills. However, what we have now is a clear burden placed on the prosecution where it should be that lines up with federal standards," said state Rep. Joe Moody (D-El Paso).

SJR 1

What we know:

A more intense debate took place on SJR 1, which would prevent bail for undocumented immigrants arrested on a state charge.

"Can you please articulate a situation outside of this bill, where individuals are not entitled to a case by case analysis of the factors surrounding their accusation," asked state Rep. Erin Gamez (D-Brownsville).

State Rep. John Smithee (R-Amarillo), who sponsored the bail package, responded by saying an ICE detainer.

"Right, which would absolutely make what you're trying to do here moot, obsolete, repetitious, redundant, excessive, unnecessary, because you've already articulated on a multitude of occasions that the federal government is already doing that," said Gamez.

Those who support non-bail for undocumented offenders noted how some judges have granted bail to help people avoid federal agents. Several House Democrats argued that the plan needs more protections for DACA recipients who may get caught up in the bail ban. 

There was also a call for alternatives to being jailed. State Rep. Ramon Romero (D-Fort Worth) suggested things like supervised release with GPS monitoring as an example. 

"If we bond someone out who is here illegally and who is accused of committing a crime, basically what we're doing, Mr. Romero, is we're saying we're giving them a head start on the federal authorities. That's all we're doing," said Smithee.

SJR 1 moves to a critical third vote Tuesday. It only got 88 votes and remains 12 votes shy of the 100 needed to pass as a constitutional amendment. 

The parts of the bail reform package that do survive may have to be sent to a conference committee with the Senate, and there's not much time left in this session to work out a compromise.