Amid numerous outcries for bond reform, Texas State Senator John Whitmire has announced he will push for a new state law in the next legislative session that will require bail bondsmen to collect a minimum 10% payment before they post bond for individuals accused of violent crimes.
Whitmire, who serves as the chairman of the Senate Criminal Justice Committee, issued a news release regarding his plans to pursue a legislative change a day after the Harris County Bail Bond Board did not adopt a 10% minimum requirement.
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“I’m drafting legislation and plan to have all other 30 senators as co-sponsors to put this 10 percent rule into state law,” said Whitmire in the news release. “No one should finance an armed robber or murder’s bond. That just incentivizes them to go commit more crimes.”
Whitmire cited high-profile murders - like that of 16-year-old Diamond Alvarez - as a reason enforcement on minimum bond payments is needed. The 17-year-old suspect in Alvarez’s death was out of jail on bond at the time of the killing.
While the Harris County Commissioners Court has supported minimum bond requirements, the Bail Bond Board at Wednesday’s meeting only secured four of the five votes necessary to enact the 10% rule.
Opponents of the rule have argued that the move is politically motivated and maintain that the bail bond board lacks the authority to implement such a rule change.
The Harris County Bail Bond Board says two votes were taken at Wednesday’s meeting; one to postpone a vote on the rule change and another on the rule change itself. Both needed 5 votes to pass.
The vote to postpone a decision failed by a vote of 4-4. The vote on the bond rule failed by a vote of 4 in favor, 2 against, and 2 abstentions.
Judge J. Elaine Marshall issued a statement Thursday regarding her not being present for the vote:
‘Referencing the Bail Bond Board Meeting held on Wednesday, March 9, due to unforeseen circumstances, I had to leave the meeting after being in attendance for almost three hours due to a family emergency. I was prepared to vote in favor of the proposed requirement that all companies issuing bonds within Harris County charge a premium equal to at least ten percent of the amount of the bond. If the opportunity to vote on this agenda item presents itself again, I’m fully committed to voting favorably.’ – Judge J. Elaine Mars
According to Whitmire’s office, testimony at that Wednesday session showed that while most Houston bail bond companies collect between 8 and 10% of a defendant’s bond, some collect just 2% and negotiate a payment plan for the remaining 8%.
Whitmire said that is far too little for criminal defendants held on serious violent crimes, such as murder.
“We cannot allow the bail bondsmen to profit at the expense of public safety,” Senator Whitmire said in the release. “This is a common sense proposal to protect the public.”
KPRC 2 Investigates has been tracking cases of violent crimes occurring while suspects were out on bond. You can read more by clicking the links below.
- Bond Crisis: A Solution for Houston? (Nov. 18, 2021)