Proposals would allow detention without bail for some violent defendants
A Texas House committee heard testimony Tuesday on a series of criminal justice reform measures, including proposed amendments to the state constitution that could allow violent offenders to be held without bail. Among the most contentious proposals is House Joint Resolution (HJR) 16, filed by Rep. John Smithee (R-Amarillo), which would require detention without bail for any illegal alien charged with a felony crime.
The bill follows the passage of a similar Senate version, "Jocelyn’s Law," named after Jocelyn Nungaray, a 12-year-old Houston girl who was brutally murdered last summer. The two men charged with her murder were Venezuelan nationals who had entered the country illegally in 2024, been detained by U.S. Border Patrol, and later released into the U.S.
Emotional Testimony from Victim’s Family
Jocelyn’s mother, Alexis Nungaray, gave emotional testimony before the committee, describing the horror of losing her daughter and the indignity of attending a bond hearing for the suspects before she had even identified Jocelyn’s body.
“I had to look these men in the face to make sure an adequate bond was applied for the charges that were presented without even being able to physically see it was my daughter,” Nungaray testified.
Supporters of HJR 16, including former Border Patrol agent Ammon Blair, emphasized the dangers posed by criminals who enter the country illegally. He cited statistics from the Texas Public Policy Foundation, noting that 650,000 criminal illegal aliens have been released in recent years, including over 14,000 charged with homicide and 20,000 charged with sexual assault.
Blair argued that the amendment aligns Texas law with existing federal statutes and addresses gaps that allow dangerous individuals to be released into communities.
Legal and Constitutional Concerns
However, opponents raised concerns over the constitutionality of denying bail based solely on immigration status. Andrew Hendrickson of the American Civil Liberties Union (ACLU) of Texas warned that HJR 16 could violate the Equal Protection Clause of the 14th Amendment by treating defendants differently based on their national origin.
“Flight risk and danger to the community have all been recognized as reasons to hold someone pretrial and deny bail, but simply looking at someone’s immigration status is not a proper determination,” Hendrickson argued.
Democrats on the committee also objected to the language of the bill. Rep. Rhetta Andrews Bowers (D-Rowlett) pushed back on characterizing all illegal immigrants as criminals, while Rep. Ana-Maria Rodriguez-Ramos (D-Richardson) raised concerns about unintended consequences for individuals who entered the country illegally but later obtained legal status.
Republicans defended the proposal, with Rep. Mitch Little (R-Lewisville) citing the Medina-Cantu case, a 2023 ruling from the U.S. 5th Circuit Court of Appeals, which determined that illegal immigrants do not enjoy the same constitutional protections as U.S. citizens.
“Texans have a right to amend their constitution,” said Rep. Brent Money (R-Greenville). “When someone is here illegally and they allegedly commit a felony, they are not allowed to leave. That is a flight risk.”
Additional Bail Reform Measures Considered
The committee also debated HJR 15, which would allow judges to deny bail for certain violent felony suspects, such as those accused of first-degree sexual offenses, violent crimes involving weapons, and human trafficking.
Victims and their families testified in favor of HJR 15, including Michelle Chapa, a victim of armed robbery, and Charles Cook, whose elderly mother was stabbed to death by a repeat offender out on bond.
“The system is supposed to protect the public and the most vulnerable,” Cook told lawmakers. “The system failed my mother.”
Rep. Jolanda Jones (D-Houston) expressed concerns about false accusations leading to prolonged detainment, but Rep. Smithee assured lawmakers that judges would need “clear and convincing evidence” to deny bail under the proposed amendment.
Opposition from Civil Rights and Bail Reform Groups
The ACLU of Texas and The Bail Project oppose both constitutional amendments, warning that the measures could result in unjust detentions and potential due process violations.
Meanwhile, Harris County Commissioner Adrian Garcia (D) submitted a letter in support of HJR 15, emphasizing the need for stronger judicial discretion in denying bail to dangerous offenders.
Next Steps and Political Landscape
For the proposed amendments to pass, they will require a two-thirds majority in the Texas House. While Republicans are expected to vote in favor, they will need at least 12 Democrat votes to secure passage. If approved, the measures would then be placed on the November ballot for voter approval.
Outside the Capitol, Texas Democrats held a rally advocating for alternative criminal justice reforms, including Rep. Bowers’ House Bill (HB) 36, which would increase monitoring of domestic violence suspects.
Other bills debated in the committee included HB 799 by Rep. Joe Moody (D-El Paso), which would make personal bonds the default for most misdemeanor crimes. The bill faced pushback from victims’ rights advocates, including Chapa, who argued that it was “too broad” and could endanger public safety.
Awaiting Committee Decision
