Texas lawmakers propose legislation to deny bail for violent crime suspects

Texas lawmakers propose bail reform legislation

Texas lawmakers are moving to reform the state's bail system, aiming to keep individuals accused of violent crimes in jail until trial, a change that would require voter approval of a constitutional amendment.

WHITE SETTLEMENT, Texas - Texas lawmakers are on the verge of passing sweeping bail reform as new laws could keep people who are accused of violent crimes in jail without bail, until trial.

Voters in Texas would have to say "yes" to change our current state constitution, which allows almost everybody who is arrested to be given the right to get out of jail on bail.

The bail reform will have a major impact on the criminal justice system in Texas.

What we know:

If voters approve the constitutional amendments in November, then judges would be required to deny bail on charges like rape, murder, and human trafficking.

If a judge does set bail for someone accused of these types of violent crimes, the judge would have to explain their decision in writing.

Bail reform being passed by state lawmakers will ask voters to amend the state constitution requiring judges to deny bail for a group of violent offenses like murder assault with a deadly weapon and other serious violent crimes, keeping defendants in jail until trial.

Police chief on bail reform

Chief Christopher Cook of the White Settlement Police Department spoke with FOX 4's Shaun Rabb about bail reform specifically for violent crime offenders.

"You have someone that utilizes a firearm in the commission of an offense or commits a really serious felony offense and, in reality, once they get out on bond, while they're awaiting trial, they re-offend. Not in every case, but in a lot of cases, we see that time and time again and that's frustrating not only for the community but for our police officers and our detectives."

Cook also gave examples of cases that show just why Texas is in need of bail reform.

"Back in August 2024, a very violent offense at a local hotel. [The suspect] shoots a man who ends up surviving. Almost kills a toddler. It’s on video, by the way," said Cook. 

"He has committed a violent offense. He's shot somebody. Could have killed a toddler, like inches away from killing the toddler, and then he goes on the run for ten months. Then they find him. He runs again in a vehicle, which is a felony, and then he bonds out, and he's back in the community awaiting trial. Yeah, frustrating."

Appealing bail decisions

Another legislative action would limit who is able to get out of jail on personal recognizance bonds, cashless bonds, and would allow prosecutors to appeal bail decisions by judges.

Keeping a defendant in jail for up to twenty more days while the appeal is heard.

"We recognize bail is a guarantee to come to trial. We understand that. We want people, when they're out on bond, not to re-offend. We don't want additional offenses," said Cook.

Dig deeper:

Other proposed legislation that would also require a constitutional amendment would specifically deny bail to people in the country without legal status, accused of a wide range of serious crimes.

Some democrats have pushed back, saying it would violate the due process rights of immigrants.

That legislation will be voted on again tomorrow.