Greg Abbott calls for automatic denial of bonds

HOUSTON – The Houston Chronicle reports that Gov. Greg Abbott on Wednesday demanded state legislators approve a constitutional amendment that — if passed by voters — would require courts to automatically deny bail to people accused of murder and other violent crimes in the state. Surrounded by crime victim families at Crime Stoppers of Houston, Abbott called on lawmakers to start a process that could put even more stringent requirements on judges and magistrates, who decide if a person can go free in between their arrest and trial. “Judges have far too much discretion to set easy bail on dangerous criminals,” Abbott said. The state constitution, which requires that bail be set in most criminal cases, has created a “broken” system, Abbott said.

Abbott’s called-for reform was quickly called unconstitutional by groups already skeptical of other bail-related bills moving through the legislature. The Texas Senate passed a bill in February, known as SJR 5, that proposes an amendment to the Constitution that would give judges discretion to deny bail to people accused of violent crimes and some sex-related offenses. The current bill requires judges to find evidence that a defendant won’t appear in court and is a danger. In his remarks, Abbott indicated the legislation should make the denial automatic – “unless there’s clear and convincing evidence that the defendant will appear in court and not endanger the community.” The burden should be on repeat violent criminals “to prove that they are not a danger to the community,” Abbott said. Judges who don’t deny bail should be required to explain their decisions in writing and prosecutors should be able to appeal bail decisions to a higher courts, he said