Texas lawmakers approved a sweeping package to overhaul the state’s bail system, a longtime priority of Gov. Greg Abbott’s.
Texas made sweeping changes to bail reform, parole and reentry programs this past legislative session as part of its goal to keep violent repeat offenders behind bars.
Texas lawmakers proposed at least 121 bills that sought to increase criminal penalties by either creating mandatory minimum sentences or elevating punishments, according to the Texas District and County Attorneys Association. However, very few made it to Gov. Greg Abbott’s desk.
Criminal justice reform and a bill that provides air conditioning in all Texas prisons also failed to gain traction.
Here’s what to know about what passed.
Stricter bail requirements
Texas lawmakers approved a sweeping package to overhaul the state’s bail system, a longtime Abbott priority that had repeatedly failed in the House. Senate Joint Resolution 5, which voters will have the final say on in November, would amend the state constitution to require judges, in certain cases, to deny bail to individuals accused of committing specific violent felonies. Senate Bill 9 will limit who is eligible for a cashless bond.
But the House rejected two other constitutional amendments that Abbott had pushed for: Senate Joint Resolution 1, which would have automatically denied bail to any unauthorized migrant accused of certain crimes, and Senate Joint Resolution 87, which would have automatically denied bail to anyone charged with certain felonies if they had previously been convicted of a felony or were out on bond at the time of the alleged offense.
Under the Texas Constitution, almost everyone who is arrested has the right to be released on bail. The limited exceptions are people charged with capital murder and those accused of certain repeat felonies or bail violations. According to the U.S. Constitution and the U.S. Supreme Court, bail cannot be excessive, and pretrial detention should not be considered the default unless the defendant is a flight or safety risk, as criminal defendants are legally presumed innocent.
Jail reforms left on the table
Texas jails have been facing several issues over the years, including overcrowding, cooling problems during the summer, suicides and violence. Lawmakers passed a few bills to address some of these problems while ignoring others.
House Bill 3006, which would have required the installation of climate control in phases by the end of 2032, passed the House in early May. However, Lt. Gov. Dan Patrick, the leader of the Texas Senate, never assigned it to a committee in the upper chamber, allowing the bill to miss a key deadline to advance.
This is the third consecutive time that a bill to install air conditioning in all Texas prisons has failed to gain approval from lawmakers.
House Bill 1826, which would have required jails and prisons across the state to screen each woman who is pregnant or has given birth in the past year for depression, never made it out of the House committee. House Bill 3725 would have reformed the use of solitary confinement by eliminating indefinite time in restricted housing for individuals solely based on their classification as a gang member, but the proposal wasn’t heard in a committee.
However, lawmakers did pass House Bill 413, which prohibits the pretrial detention of a defendant for longer than the maximum sentences they could receive if convicted. The bill doesn’t apply to defendants being held for mental health evaluations. The law will take effect in September.
Harsher punishments for some crimes
Texas lawmakers passed Senate Bill 1300 this session, which aims to address the $422 million in stolen goods and approximately $21 million in sales tax revenue that Texas lost to organized retail crime in 2022.
The bill increases the penalty for such crimes based on the value of the property stolen. Current law designates organized retail theft as a Class C misdemeanor, which does not permit jail time when the property taken is valued at less than $100. The bill will increase that to a Class B misdemeanor. As the value of property stolen increases, the punishment would rise, up to a first-degree felony punishable by life in prison if the total value of goods stolen exceeds $300,000.
Senate Bill 1281, which creates a specific offense for stealing mail receptacle keys or locks, with more substantial penalties for those who target elderly communities, also received approval from lawmakers.
However, House Bill 727, which would have heightened the punishment for burglarizing a vehicle when the person carrying it out has a firearm, burglarizes two or more vehicles, or uses a stolen vehicle to carry out the offense, was never brought to a vote in the House. House Bill 268, which would increase the criminal penalty for making specific false reports, such as hoax calls threatening a call for mass violence against schools, also didn’t make it out of committee.
Law enforcement salaries and collaborations with ICE
Texas lawmakers have made several changes to the way law enforcement operates within the state.
One of the more hotly debated bills this session was Senate Bill 8. The legislation would require sheriffs who run or contract out the operations of a jail to request and enter into agreements with U.S. Immigration and Customs Enforcement, which extend limited immigration authority to local law enforcement officers. The bill would cover approximately 234 of the state’s 254 counties, according to the bill’s author. This bill currently awaits Abbott’s signature.
Abbott also strongly supported and signed Senate Bill 2570, which establishes that a correctional facility guard or a peace officer has the right to use less-lethal force when necessary to control a situation. The governor said on social media that the bill was a response to protests occurring around the country and within the state over ICE raids.
Senate Bill 1321, by state Sen. Brent Hagenbuch, R-Denton, aims to increase the salaries of certain Texas Commission on Law Enforcement positions, such as peace officers, to align with those of comparable law enforcement positions, in hopes of improving retention. Abbott has already signed the bill, which will take effect in September.
However, House Bill 5228, by state Rep. Charlene Ward Johnson, D-Houston, which would have made the Texas Commission on Law Enforcement, along with other law enforcement institutions in the state, develop policies to ensure the quality and accuracy of incident-based traffic stop data, failed to make it out of a Senate committee.
Source: Stephen Simpson, The Texas Tribune
Photo Credit: An empty visitation window at the Polunsky Unit in Livingston on Jan. 31, 2024. This year Texas lawmakers approved many criminal justice bills, including some to reform the state’s bail system and increase local law enforcement collaborations with immigration authorities. Many proposals to address problems at the state’s jails and prisons were left on the table. Credit: Maria Crane/The Texas Tribune
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