The Senate Committee on Jurisprudence met on August 7 to consider SB 6 (Huffman), SB 9 (Huffman/West), SB 13 (Huffman), SJR 3 (Huffman). All bills were voted out unanimously.
The HillCo report below is a summary of remarks intended to give you an overview and highlight of the discussions on the various topics discussed. This report is not a verbatim transcript; it is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.
SB 6 (Huffman) Relating to rules for setting the amount of bail, to the release of certain defendants on a monetary bond or personal bond, to related duties of certain officers taking bail bonds and of a magistrate in a criminal case, to charitable bail organizations, and to the reporting of information pertaining to bail bonds.
- Huffman – Critical issue, heard this a number of times; have continued to work in making sure bill is effective in stopping issues and guard against unintended consequences
- Texas has made strides in preventing low-level indigent defendants from languishing in jail, want to work to protect this
- Nearly identical to previous versions passed out with bipartisan support, minor changes incl. inclusion of bail form amendment from Senate floor during first called session, have made further changes to streamline this with help from OCA,
- Made tweaks to language on bail schedules to simplify info collected on indigent affidavit and clarify timeline
- Implementation of indigent affidavit is only applicable when defendant is unable to pay amount on bail schedule
- Without bail schedule, appeal will be the current writ process
- Effective date has been adjusted to take into account further delay of passage
- SB 6 & SJR 3 are the tools needed to address rising crime in communities
- Hinojosa – Bill has gone through several hearings, has been well vetted
David Slayton, Office of Court Administration – Resource
- No questions
Nicholas Hudson, ACLU of Texas – Against
- Raising concerns about process, not the same bill heard previously, though it is substantially similar
- Every time this bill is discussed there are changes due to drafting errors, etc.
- Bill was posted an hour ago, COVID testing takes 15 minutes, many who would want to speak would not have opportunity
- Hinojosa – Have had quite a few hearings on this bill, don’t see any major substantive changes
- Affidavit section has been changed, good change, but this is one of many due process changes needed to comply with O’Donnell ruling
- Hinojosa – These questions have been asked & answered at previous hearings
- No, this is a different bill
- Kolkhorst – Very minor changes, not a very different bill
- Sweeping legislation, deliberate process
- Kolkhorst – No substantive changes
- Heard you go through several of them
Alycia Castillo, Texas Criminal Justice Coalition – Against
- Many colleagues who did rush here are still getting COVID tests
- Essential that we address violence, but disappointed that this bill is being labeled bail reform, data over 20 years conflicts with this bill promoting public safety
- Would urge more time to consider true bail reform and propose legislation
- Johnson – Encourages Castillo to continue work, many changes were made and bill still allows for many things to be done
- Appreciates this, more time to discuss data we’ve seen would give us more ease
- Hinojosa – Not a political campaign, addressing those released on PR bonds when they’re already out on bond and committing further crimes
- Agree, but if cash bonds are available for some issues, missing the point of public safety
- Kolkhorst – Looked at everything given, made many changes based on what your organization, ACLU brought; didn’t take every suggestion and don’t agree with all of your data, but worked with every group
SB 6 voted out to full Senate (5-0)
SJR 3 (Huffman) Proposing a constitutional amendment requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary and authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons.
- Huffman – Was passed during first called session, but didn’t pass without quorum; resolution is no longer eligible to be on November ballot, citizens will need to wait until May 2022 to vote on this
- Exact same language voted on before, magistrate or judge would have to determine by clear & convincing evidence that denial was warranted, judge will impose least restrictive means to ensure re-appearance, first time in Texas statute
David Slayton, Office of Court Administration – Resource
- No questions
Nicholas Hudson, ACLU of Texas – Against
- Urging change that clear & convincing standard also app[lies to evidence of guilt, not just need for detention; want to ensure innocent individuals aren’t held
- Johnson – Have you made this change known to members or the author?
- Testified about this previously, not sure if provided in writing before
- Johnson – Might be helpful
Amanda Marzullo, VERA Institute of Justice – Against
- Biggest concern is with the categories of violent crimes, aggravated assault and aggravated robbery encompass a lot of individuals; can include bar fights & would be good to add guardrails
Jeffrey Stein, Civil Rights Corps – Against
- Didn’t have an opportunity to testify against SB 6, was still getting a COVID test
- Heard of this hearing this morning and had to cancel personal commitments, process should be more deliberate when affecting liberty of Texans and possibly opening Texas to litigation
- This sort of system makes counties vulnerable to expensive lawsuits as with Harris County
- Hinojosa – You’ve testified before on SB 6, SJR 3 is the same bill
- SB 6 is not the same bill, haven’t had time to read through the whole bill
SJR 3 voted out to Full Senate (5-0)
SB 9 (Huffman/West) Relating to requiring public schools to provide instruction and materials and adopt policies relating to the prevention of child abuse, family violence, and dating violence.
- Huffman – Nearly identical to SB 72 which passed during the first special, requires SBOE to adopt rules on instruction of dating violence, family violence, and child abuse, curriculum to be provided to parents and gives parents right to review and remove child from this instruction
- Would take effect in 2022-23 school year, delay in passage needed change to next school year
SB 9 votes out to full Senate (5-0)
SB 13 (Huffman) Relating to dates of certain elections to be held in 2022.
- Huffman – US Census Bureau delaying redistricting data
- Adjusts deadlines in the 2022 election cycle to give legislature opportunity to redistrict, new dates for candidate filing, primary election, and runoff election
- Similar to SB 1822, except new dates apply to all elections not just elections held in new districts
- Allows for SOS to establish new dates as necessary
Keith Ingram, Secretary of State’s Office Election Division – Resource
- Huffman – Drop dead date was moved back to to November 15, can you explain why this was necessary
- Once the legislature draws maps, counties need to draw voting precincts, gives counties 60 days before federal military ballots go out
- Huffman – So gives counties a little more time
- Absolutely, issue was raised at the SOS county election seminar
SB 13 voted out to full Senate (5-0)