This was also happening over the weekend.
Days into a short legislative session, Texas lawmakers are moving quickly to pass a GOP priority bill that would make it harder for some people who have been arrested but not convicted to bond out of jail without putting up cash.
Legislators in the House and Senate filed matching bills to change state bail practices earlier this week, echoing legislation that failed to pass in the regular session. On Saturday, committees in both chambers approved the bills and sent them to the full chambers after nearly three hours of debate in the Senate and nine hours in the House.
The sweeping bail legislation would change how and if people can be released from jail before their criminal cases are resolved, while they are still legally presumed innocent. The bill would ban the release of those accused of violent crimes unless they had enough cash, as well as restrict charitable groups’ ability to pay to get people out of jail.
While the two Democrats on the Senate committee supported Senate Bill 6, House Democrats down the hall spoke out strongly against the identical House Bill 2, arguing it would lead to mass detention disproportionately affecting people of color, and it would create an overreliance on money in Texas’ pretrial system that is unfair to people who are poor. Both chambers of the Texas Legislature have a Republican majority.
During the hearings, the Republican bill authors, crime victims and their supporters argued new bail laws are needed to keep dangerous people behind bars before their trials, pointing to rising crime rates and numerous examples of defendants accused of violent crimes having been released from jail on bond and then accused of new crimes.
Bill supporters have also fought against the increase in courts releasing defendants on personal bonds, which don’t require them to have cash to get out of jail but can include restrictions like GPS ankle monitoring or routine drug testing.
“SB 6 is legislation which is really a direct response to the increase in violent and habitual offenders being released on personal bonds along with low-cash bonds,” State Sen. Joan Huffman, a Houston Republican and author of the bill said Saturday. “We have failed our communities, we have failed our citizens, definitely we have failed the victims, and it’s time to do something about it.”
House Democrats and civil rights advocates opposing the legislation took aim at the bills’ continued reliance on cash bail, noting that it primarily penalizes low-income people.
“What does ability to post a cash bond, how does that make a community safe?” questioned state Rep. Joe Moody, D-El Paso, who leads the House Criminal Justice Reform Caucus. “The bill pushes more people into the cash bail system by precluding their ability to have a personal bond in a laundry list of situations.”
See here and here for my blogging about this from the regular session. Note that these hearings were held before the voter suppression bill hearings, which is one reason why those went so late – they started late, too. You should also read Scott Henson’s testimony before the committee, in which he suggests that this will have a big negative effect on rural counties. You know how I feel about this, and you also know that if the Republican majority is determined to pass this, they can and they will. So let me remind you of this:
For years, civil rights groups and federal courts nationwide and in Texas have scrutinized bail systems’ reliance on cash. In Harris and Dallas counties, federal courts ordered changes to bail practices ruled unconstitutional because they led to the systematic detention of people who haven’t been convicted of a crime simply because they were poor.
In an ongoing federal lawsuit in Houston, civil rights attorneys pointed to the case of Preston Chaney, a 64-year-old man who caught the coronavirus in the Harris County jail and died. He’d been kept in jail for months, accused of stealing lawn equipment and meat from a garage. If he’d been able to pay about $100, he could have walked out of jail shortly after his arrest.
Whatever gets passed here is going to wind up in the federal courts, and the state is likely to lose. Not that the Republicans are concerned about that – these bills are about primaries, not policies. This whole session, and most of the regular session, were about primaries. I’m sure you can guess what my prescription for getting less of this in the future is.