During his State of the State address Feb. 2, Governor Greg Abbott identified Texas bail reform an emergency item. If passed, his proposed legislation would benefit communities as well as small businesses in the bail bond sector.
Bond reform has been on the governor’s radar for quite some time. In 2021, Texas passed a law that eliminates personal recognizance (PR) bonds for those charged with violent crimes. PR bonds bypass bail bond professionals by releasing defendants from jail without financial responsibility.
Essentially, PR bonds equate to a pinky promise that the defendant will do the right thing and appear in court. In Potter and Randall counties, jail overcrowding incentivizes PR bonds, and it’s no surprise that there is a direct correlation between the rise in local PR bonds and instances where defendants fail to appear in court.
I believe there should be stricter limits on PR bonds that go beyond violent crimes. Nonviolent crimes do not equate to being victimless. And rather than waiting on legislative action, I believe county governments should get ahead of this issue by working toward jail expansion so overcrowding isn’t a driving force behind PR bonds.
More about bail reform in the 89th Legislative Session
Abbott said judges too frequently release dangerous criminals back to the streets, which he calls “a problem that is plaguing so many communities across our state.”
Less than two weeks prior to Abbott’s remarks, seven San Antonio police officers were shot by a suspect who was out on bond. In light of the incident, San Antonio Police Chief William McManus made a public plea for Texas bail reform.
McManus would be pleased to see Abbott’s proposed changes take effect, which also includes denying bail to those accused of sexual offenses against children.
However, the Texas Constitution presents a clear hurdle, as it states that “all prisoners shall be bailable” besides exceptions that allow judges to deny bond for:
- Defendants who have two prior consecutive felony convictions;
- Defendants who are out on a felony bond are charged with a new felony;
- Or defendants who are currently under community supervision.
Abbott hopes to amend the Texas Constitution to enact stronger bond laws that he says will help ensure safety for Texans (which he calls his top priority).
In America, everyone is supposed to be presumed innocent until proven guilty, which is why bail bond agents like myself are here to help hold defendants accountable by imposing bond restrictions, requiring weekly check-ins and sending court date reminders until they receive due process.
We also provide an added layer of accountability by requiring qualified cosigners. And in the event that a defendant doesn’t make it to court, bond companies are on the hook to locate them and help get them back into police custody.
County governments don’t have the resources needed to keep up with defendants and ensure they make it to court. And if they did, it would be funded by taxpayers rather than the private sector. Bail bond agents provide important safeguards while defendants await their day in court, and that’s why issuing PR bonds should be the exception rather than the rule.
Texas’ 89th legislative session will run through June 2, 2025. Those who would like to voice their opinions on Texas bail reform should contact their state representative.
Joshua Nelson is owner of Allstate Bail Bond and Bomb City Bail Bonds in Amarillo.
