In a strong bipartisan move, the Texas Senate has voted overwhelmingly to advance a proposed constitutional amendment aimed at tightening bail restrictions for defendants accused of violent crimes. Despite previous failures in the House, lawmakers hope this year will bring a different outcome.
The amendment, introduced as Senate Joint Resolution (SJR) 5 by Sen. Joan Huffman (R-Houston), would allow judges to deny bail to defendants charged with first-degree felony sexual offenses involving a weapon, violent offenses, serious bodily injury, or continuous human trafficking. Judges who refuse bail would be required to provide written justifications explaining their decisions.
Huffman has pushed for similar legislation in past sessions, but the measures failed to pass the House. She emphasized the urgency of reform, citing troubling statistics from Harris County, where at least 162 homicide cases have involved defendants who were out on bond when they allegedly committed murder.
Bipartisan Support and Opposition
The proposal has gained backing from both parties, with Sen. Juan “Chuy” Hinojosa (D-McAllen) co-sponsoring the resolution. He underscored that judges must find “clear, convincing evidence” that a defendant poses a danger to the public before denying bail.
Other supporters include Houston Mayor John Whitmire, a former senator, and district attorneys from Dallas and Fort Bend counties—both Democrats. However, Harris County’s newly elected District Attorney Sean Teare initially signaled support but later withdrew it, disappointing Sen. Paul Bettencourt (R-Houston).
“That’s a sad, sad reversal,” Bettencourt remarked, noting that district attorneys from other large urban counties had supported the measure.
Sen. Royce West (D-Dallas), a former prosecutor, also backed the bill, stressing the importance of keeping violent offenders off the streets. “This is not a Republican bill, not a Democratic bill,” West stated. “We must protect victims.”
Dissenting Voices
Despite broad support, the bill was not without opposition. Sens. Molly Cook (D-Houston) and Sarah Eckhardt (D-Austin) voted against SJR 5, while Sen. Boris Miles (D-Houston) was absent.
Cook expressed concerns that the bill’s language was too broad and did not adequately expand the right to legal counsel for defendants. Eckhardt argued that Texas already has excessive pretrial detentions and that judges could use high bail amounts instead of outright denying release.
Public Safety in the Spotlight
The debate over bail reform has been fueled by high-profile cases in which released defendants committed violent crimes. Bettencourt highlighted the 2019 murder of Caitlynne Guajardo and her unborn child, who were killed by Guajardo’s husband after he was released on personal recognizance bonds despite prior abuse allegations.
The Senate also passed SJR 1, a separate bail reform proposal dubbed Jocelyn’s Law, which would require judges to deny bail to illegal immigrants charged with felonies. The law is named after Jocelyn Nungaray, a 12-year-old Houston girl who was murdered in 2024, allegedly by two Venezuelan nationals who had crossed the border illegally.
Both SJR 5 and SJR 1 will now move to the Texas House, where they require a two-thirds majority to be placed on the ballot for voters to decide. While some House Democrats have expressed concerns over the constitutionality of the amendments, Democratic Caucus Chair Gene Wu (D-Houston) has indicated a willingness to discuss the issue.
