AUSTIN, Texas — Jail time before trial is a reality for those without bail money, a situation that contrasts with supporters’ views that Texas’ bail system is too permissive.

What You Need To Know

  • Those without bail sit in jail before trial, clashing with claims of Texas’ lenient bail system

  • Lt. Gov. Dan Patrick plans to strongly advocate for bail reform in this legislative session

  • Sen. Joan Huffman proposes bills restricting bail for parolees, violent/sexual offenders and undocumented felons. He also advocates for  cutting municipal bail bond funding

  • While bail reform is among the governor’s emergency priorities, any new bail denial law would still need voter approval in the next election

“The individual that shot her was out on bond before Arlene’s body left the hospital to a morgue. And that’s where our fight began,” said April Aguirre, a Harris County resident.

This week marks three years since Aguirre’s niece, Arlene, was murdered.

Arlene’s memory was honored Wednesday with a picture placed before her aunt during her testimony to state senators.

“If it’s happening in Harris County, it’s happening across Texas,” said Aguirre.

“I truly believe that there are hundreds of people dead today that would not be dead if we had incorporated some of this legislation earlier on,” said Houston Sen. Joan Huffman.

Huffman has a package of bills that will address the issue. Some of those include:

  • Taking away the power of unelected criminal law hearing officers to set bail for defendants who were on parole or have previous felony convictions
  • Denying bail for violent and sexual offenders
  • Denying bail for undocumented residents accused of a felony
  • Preventing local municipalities from giving money to nonprofits that pay for bail bonds

Emma Stammen, a policy strategist for The Bail Project, states that their funding for bailing out defendants is entirely donation based, not taxpayer funded.

“In Texas, we provided bail support to about 1400 people. And when those people return back to court, which about 90% of our clients do, we then get that money back,” said Stammen.

Still, Lt. Gov. Dan Patrick is dedicated to making sure this slate of bail reform bills is successful.

Following the Texas Senate Criminal Justice Committee hearing, he chose to give his own statement. 

“No one is safe in Texas. If we have people arrested and put in jail for the murder of someone or the rape of someone or a child sex offender, and if a judge in a big county lets them out, they can go to a small county, and your family and your children and your loved ones are in danger,” said Patrick.

In previous sessions, the bills have cleared through the Senate in a bipartisan fashion and died in the House.

Patrick says he will urge the governor to call a special session if the same happens this year, but he’s confident this legislation will pass, even touting his relationship with Speaker Dustin Burrows that was previously questioned.

“I believe we have a commitment from the Texas House and from the speaker to pass this bail bond package,” said Patrick.

Patrick and Burrows will have to sway at least 12 Democratic representatives to support this legislation that continues to receive pushback.

“What this legislation will do is it will increase the number of legally innocent Texans who are being held in jail pretrial, whether it’s due simply to their inability to pay cash bail, whether it’s due solely to the nature of the charges against them, charges that could later be dropped or they could be found innocent of, or whether it’s for something as little as a potential missed court date,” said Stemman.

While bail reform is among the governor’s emergency priorities, any new bail denial law would still need voter approval in the next election.