Texas Republicans Near Major Win in Long-Running Push to Expand Pretrial Detention.
For years, Texas Republicans have fought to give judges more authority to keep certain defendants behind bars before trial. Now, they appear closer than ever to making that a reality.
This legislative session, a proposed amendment to the Texas Constitution, backed by Governor Greg Abbott, is moving forward quickly.
If passed, it would give judges the power to deny bail to individuals charged with violent crimes. This marks a significant change from current Texas law, which generally ensures the right to pretrial release.
Supporters say the amendment is needed to protect the public from violent offenders who might commit new crimes while out on bond.
Opponents argue it could undermine basic legal rights and deepen existing inequalities in the justice system.
What the Amendment Would Change
At the heart of the debate is Senate Joint Resolution 5 (SJR 5). The proposal would empower judges to deny bail to defendants charged with serious violent offenses, including murder, aggravated kidnapping, and assault with a deadly weapon.
Currently, judges can only withhold bail in a narrow set of cases, such as capital murder.
Lawmakers are also considering Senate Bill 9 (SB 9), which would expand the list of crimes ineligible for release on a personal bond.
The bill targets offenses like unlawful possession of a firearm and violations of family violence protective orders. Another measure, Senate Joint Resolution 1 (SJR 1), would allow courts to deny bail to undocumented immigrants charged with felonies.
Governor Abbott: “The System Is Broken”
At a recent press event at Crime Stoppers of Houston, Abbott made his position clear.
“Activist judges are protecting dangerous criminals instead of the innocent people they victimize,” the governor said. He highlighted more than 200 incidents in the Houston area since 2019 where defendants released on low or no-cash bail allegedly committed violent crimes.
Abbott has made the constitutional amendment a top priority this session, even declaring it an emergency item alongside his successful school voucher push.
The governor’s proposal would also give prosecutors the right to appeal bail decisions and require judges to provide written explanations when granting bail to violent offenders.
“Texans deserve a justice system that puts their safety first,” Governor Abbott added.
A Divided Response
Law enforcement groups and many Republican lawmakers have rallied behind the amendment, saying it will keep dangerous individuals off the streets.
But civil liberties groups, including the ACLU of Texas, are sounding alarms. They argue the changes would undermine the presumption of innocence and disproportionately harm low-income and minority defendants who already face challenges securing bail.
Critics also warn the amendment could lead to higher jail populations and strain on county resources without offering a clear solution to underlying social and economic problems.
Pretrial detention is when a person accused of a crime is held in jail before their trial takes place. This usually happens if:
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The court denies bail because the person is considered dangerous or a flight risk.
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The accused can’t afford to pay the bail set by the judge.
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Certain charges (like capital murder) automatically make the person ineligible for release before trial.
The idea is to make sure defendants show up to court and to protect public safety. However, pretrial detention is controversial because:
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It can penalize poor defendants who can’t afford bail.
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People held pretrial are legally presumed innocent until proven guilty.
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Long detentions can pressure defendants to plead guilty, even if they might be innocent.
Can you be remanded at a pre-trial hearing?
yes you can and here’s how it works:
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At a pretrial hearing or arraignment, the judge reviews the charges and decides whether the defendant should be released on bail, released without bail (personal recognizance), or remanded (kept in custody) until trial.
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A judge might remand a defendant if:
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The charges are especially serious (e.g., murder, armed robbery).
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The person is considered a flight risk.
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The person is believed to pose a danger to the community.
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The defendant has a history of failing to appear in court.
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In Texas (and many other states), even if bail is offered, if the defendant can’t pay, they may remain detained until trial. That’s why changes to bail and pretrial detention laws, like the amendment Texas lawmakers are considering, are so significant.
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