Analysis:
Bail Reform Legislation Texas 87th Legislature Special Session

The Special Session of the 87th Texas Legislature introduced the “Damon Allen Act” through House Bill (HB) 2 and Senate Bill (6). The bail reform act’s intent is to prevent individuals charged with crimes from release on personal recognizance (PR) bail to reduce crime by those individuals. The following analysis finds that the changes to the bail system that would be implemented by the Act would raise legal issues, specifically for individuals who are financially challenged or indigent. Fourteenth Amendment Equal Protection Clause violations arise by allowing release to only those economically situated to pay. Given the greater weight of bail hearings if this law is enacted, Sixth Amendment rights to counsel may also present legal challenges. The Act may also incur First Amendment freedom of association protections by restricting charitable bail organizations (CBO) from assisting arrested individuals, while allowing religious CBOs to continue along. Because of these flaws, the Damon Allen Act runs a significant risk of restricting free exercise of guaranteed rights, allowing well-resourced individuals the ability to flee or commit further crimes, and failing to seriously address the crimes that do threaten Texas citizens.