KILLEEN, Texas (KXXV) — The Texas House has passed a series of bail reform measures that could make it more difficult for some defendants to be released from jail before trial. The bills would give judges more discretion to deny bail altogether for individuals accused of violent crimes, including domestic assault, kidnapping, and murder.
Currently, the Texas Constitution only allows judges to deny bail in capital murder cases. If approved by the Senate, the new measures would appear on the ballot later this year for Texas voters to decide.
Supporters of the legislation say the changes are necessary to better protect victims and prevent further harm. Suzanne Armour, director of programs at Families in Crisis, said many survivors live in fear after their abusers are released from jail.
“It’s a very fearful time for someone who is in an abusive relationship, because they want the help, but they are terrified of the retaliation,” Armour said.
“That person who has chosen to be abusive is losing their power and control at that point. There are potential consequences to be faced,” Armour added. “A measure like this could be very helpful for a lot of sexual assault survivors, because when someone is sexually assaulted, it disrupts your entire sense of safety.”
Most people accused of a crime have a constitutional right to bail in Texas. However, Armour said the cost of that right often falls on victims and their families.
“They’re understandably very frightened. They’re very concerned about their safety, they’re concerned about the safety of their children, because many of the cases are folks who someone was out on bail or was previously involved in the justice system,” she said.
Under Senate Bill 9, judges would be allowed to deny bail for defendants charged with serious violent crimes. Senate Bill 40 would prohibit cities and counties from using public funds to post bail for defendants.
Armour said both proposals could help restore a sense of safety to survivors who have already been through so much.
“The person who is supposed to love and care about you is the person harming you the most, and it’s very damaging,” she said.
With the House’s approval, the measures now head to the Texas Senate. If passed, Texans will vote on it in the upcoming election.