Bail organizations, immigrants targeted as Texas lawmakers consider bail reform legislation

This early support from two top state officials could indicate success for stricter bail regulation measures this year, but some of the same legislation has failed to make it to the governor’s desk in previous sessions. Researcher Lisel Petis with the criminal justice and civil liberties program at the R Street Institute said partisan politics — and misunderstandings about bail and the criminal justice system — might still get in the way.

“I’ve had plenty of conversations where people talk about how criminals need to be held accountable and that’s why they need to be held before trial,” Petis said. “It seems clear that that really just completely ignores the presumption of innocence in our constitutional protections…”

Petis with the R Street Institute said the clear and convincing evidence provision is one of the strongest parts of SJR 5. But she also said lawmakers should ensure a comprehensive detention hearing and require judges to consider other factors, like whether the defendant has access to counsel.

“Freedom is a core value in America, and we don’t just take it away without good reason,” Petis said. “Having those constitutional rights when we’re taking somebody’s freedom away, I think, will be very important to make sure we’re making the right decisions in those cases.”