(The Center Square) – After signing bail reform legislation into law two years ago, Gov. Greg Abbott on Tuesday again signed another bail reform package into law, this time saying it’s “the strongest bail reform package in Texas history.”
After the first reform package was enacted, crime increased and judges in Democratic cities like Houston continues to release repeat violent offenders onto the streets.
Joined by dozens of bail reform advocates and family members of victims at Crime Stoppers of Houston, Abbott signed the package filed by state Sen. Joan Huffman, R-Houston, and state Rep. John Smithee, R-Amarillo. The bills passed the legislature with overwhelming bipartisan support.
“This session, we confronted a crisis, a revolving door bail system that repeatedly released dangerous criminals back onto the streets,” he said. “To the victims and their family members, they go through so much challenges. They feel the weight of the world on their minds. They step up and pray and talk to politicians and think, ‘all of this is for nothing. We are not getting anything to address the pain and suffering that was caused by sheer tragedy.’ Today that pain is answered.
“Your efforts have led to a rewriting of the Constitution of the State of Texas to ensure criminals like those who harmed your families will never be out on the loose again.”
He signed Senate Bill 9, Senate Bill 40, House Bill 75, and Senate Joint Resolution 5 into law.
The new laws “prohibit judges from granting bail for violent crimes like murder and rape if the prosecutor shows that the defendant is a flight risk and a danger. Judges who do release violent defendants on bail must explain their decision to the public in writing. Prosecutors will now have a new tool, the right to appeal a judge’s questionable bond decision,” Abbott said. “Unaccountable magistrates will now be barred from setting bail in the most dangerous and high-risk cases. Instead, it’s going to be elected judges who must make those decisions. We’re also preventing nonprofits from using your tax dollars to bail criminals out of jail.”
SB 9 allows prosecutors to appeal bail decisions made in violent felony cases including involving repeat felons. It stipulates that only elected judges may reduce the amount or conditions of a bail. SB 40 prohibits taxpayer money from being used by nonprofit organizations that post bail for accused criminals. HB 75 requires transparency in the initial stages of a criminal case, requiring magistrates to provide a written explanation as to why they determined an arrest was made without probable cause.
SJR 5 proposes a constitutional amendment that would require judges to deny bail to a defendant charged with violent crimes like rape, murder and human trafficking, when the state proves the defendant is a threat to public safety or won’t show up for trial. Voters will have the opportunity to vote on it in November.
The governor was joined at the bill signing by multiple state lawmakers, the lieutenant governor, Crime Stoppers of Houston leaders and bail reform advocate Aimee Castillo.
Castillo’s brother, Joshua Sandoval, was murdered by Devan Jordan, who was out on bond for aggravated robbery in Fort Bend County and two more felony bonds in Harris County. Jordan failed to appear in court to have a GPS ankle monitor put on for violating his bond conditions the same day he shot and killed Joshua. After being charged with capital murder, Devan was let out on bond again and committed murder again in Galveston County. He was sentenced to life in prison without the possibility of parole last November.
“I come here today because my brother’s life matters,” Castillo said. On May 27, 2021, her brother was killed after “a man already out on two felony bonds decided my brother would not get to live out his life when he shot Josh in the heart. On that day, the offender was supposed to appear in court for violating his bond conditions. He failed to appear in court the very same day he killed my brother.
“As if losing Josh wasn’t enough, we were forced to endure even more injustice when we encountered the revolving door at the Harris County courthouse. This man charged with a capital murder while out on multiple felony bonds was offered another bond. How is this possible? How is this justice?
“There is something deeply tragically wrong with the system that gives repeat violent felony offenders chance after chance while families like mine are given a life sentence of grief.
“To add further insult to injury,” she said, he was also out on bond in Fort Bend County for aggravated robbery with a deadly and was charged with another capital murder in Galveston County. “Once again, he was given a bond for capital murder, and once again he posted bond. I asked myself, ‘why in our great state are we allowing victim’s families to suffer again and again? Why do more people have to die before bail reform legislation is passed?”
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Castillo founded Texas Crime Victims United to be a voice for family members who’s loved ones were victims of violent crimes. She also advocated for the bills to become law.
They become effective Sept. 1.