TEXAS — In honor of a state trooper who died in the line of duty in 2017, Texas Gov. Greg Abbott announced a set of proposals to change the state's bail system Tuesday.
The changes were inspired by State Trooper Damon Allen, who was killed in the line of duty on Thanksgiving last year. Gov. Abbott said the "Damon Allen Act" is aimed at protecting law enforcement and enhancing public safety.
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Just months before Allen's death, the suspect was charged with assaulting a deputy for allegedly ramming the deputy's car during a chase. After that incident, his bond was set at around $15,000, and he bailed out before the fatal incident involving Allen.
"Texas must take action to keep dangerous criminals off the street, to prevent tragedies like the death of Damon Allen," Gov. Abbott said.
Part of Abbott's proposal in the Damon Allen Act is to modify the rules for setting bail and have the judge or civil officer consider the suspect's criminal history, impact on law enforcement and other relevant information, Abbott's statement said. The governor added that he would like to see the creation of a "uniform" Court Management System through the Office of Courts Administration to help close critical information gaps, "especially in counties with a population under 20,000."
Abbott said the court management system could flag repeat offenders to their direct supervisors for criminal conduct.
Chief Justice Nathan Hecht, Texas Supreme Court, Chair of The Texas Judicial Council released the following statement on Abbott's plan to modernize Texas' bail system:
“I applaud Governor Abbott for taking a hard look at a difficult issue that has been a concern of the Judiciary in recent years. Texas law limits judges’ power to detain high-risk defendants, while low-risk defendants are held unjustifiably at taxpayer expense under a faulty bail system. Texas judges lack sufficient information to effectively scrutinize which defendants pose a threat to public safety and those who don’t. Liberty is precious to Americans, and any deprivation must be scrutinized. Twenty years ago, nearly one-third of the state’s jail population was awaiting trial. The number today has risen to three-fourths – costing taxpayers almost $1 billion annually. In sum, high-risk defendants, a threat to society, are freed; low-risk defendants sit in jail, an unnecessary burden on taxpayers. This makes no sense.
The Texas Judicial Council, the policy-making body of the Judiciary has worked since 2015 on improvements to Texas’ pretrial system. Among its many recommendations is the requirement that judges use a validated risk assessment tool to determine a defendant’s threat of danger to the public and risk of failure to appear in court and to use this information as part of their bail determination. The Judicial Council recently commissioned a public opinion poll where 80% of Texans surveyed said they believe that judges should assess risk factors such as current charge, prior convictions, and age to determine bail for a defendant, yet judges in only six of Texas’ 254 counties have access to this information.
Liberty, public safety, taxpayer burdens, and common sense all demand better solutions. The Texas Judiciary stands ready to work with the Governor and Texas Legislature to make these proposals a reality.”