Texas Bail Reform Now Before the House for Consideration

 Posted on May 16, 2025 in Criminal Defense

After Governor Abbott declared bail reform an "emergency" item, a bill that would deny bail to certain violent criminals has been fast-tracked and is now in the House for consideration. Senate Joint Resolution 5 passed in late February. The resolution would allow criminal court judges to refuse bail for those accused of assault with a deadly weapon, robbery, aggravated kidnapping, or murder.  

Most people accused of a criminal offense are afforded the right to pay a bond and remain out of jail until their trial, except those charged with capital murder. In 2021 and 2023, similar resolutions passed through the Senate but stalled out in the House. If you have questions regarding bond for a serious crime like murder, speaking to an experienced Jourdanton, TX criminal defense lawyer can be helpful.

Additional Bond Reforms Currently Pending

Senate Bill 9 adds to a law passed in 2021 that restricted eligibility for cashless or low-cost bonds. Under SB-9, those accused of murder as a result of manufacturing or delivering fentanyl, terroristic threats, violation of a family violence protective order, or unlawful possession of a firearm would not be able to be free until trial unless they were able to afford a cash bond set by the judge or a portion of the bond to a bail bond company.   

Senate Joint Resolution 1 would prevent judges from setting bail for any undocumented immigrant charged with a felony criminal offense. SJR 1 and SJR 5 are now in the House for consideration. The resolutions must receive support from two-thirds of lawmakers before they can appear on the ballot next November for voter approval. One lawmaker voiced doubts about Senate Joint Resolution 1, stating that denying bail solely based on immigration status is unconstitutional.

Almost 70 percent of the people in Texas jails at any given time are "pretrial." This means they are presumed innocent because they have not been convicted of the crime they are charged with. This number has doubled over the past two and a half decades, leading county jails to house more detainees than their legal capacity allows.

What Is Capital Murder in Texas?

Regardless of whether any of these bail reform bills pass, those charged with capital murder remain ineligible for bail. Capital murder in Texas involves specific aggravating factors or circumstances that elevate it to the highest degree of homicide in the state. Under Texas Penal Code Section 19.02(b)(1), capital murder occurs when an individual commits murder and that murder meets additional criteria, including:

• The victim is a firefighter or law enforcement officer.
• The murder is a murder for hire.
• The victim is under the age of 10.
• The murder is committed by a person who is escaping or attempting to escape from a prison or jail.
• The murder was committed during the commission of another felony offense.
• An incarcerated person murders another person.
• The murder involves more than one person
• A person involved in service with the judiciary is murdered.

Contact an Atascosa County, TX Homicide Lawyer

If you are facing any type of homicide/murder charges in the state, it is extremely important that you speak to a knowledgeable Jourdanton, TX homicide attorney from BRCK Criminal Defense Attorneys. The penalties for any type of murder are extremely harsh, and, unfortunately, innocent people or those who reacted to a threat can end up in prison without a solid defense.

Every partner in our firm is either a former criminal prosecutor or a former judge, giving us a unique perspective on criminal defense that benefits our clients. Call 830-769-1010 today to schedule your free consultation. Our attorneys speak Spanish and English.