Texas Governor Pushes Bail Overhaul that Violates Constitution - The Bail Project Skip to main content

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Press Contact: Devin McMahon, Manager of Communications

FOR IMMEDIATE RELEASE: 

AUSTIN, TXYesterday, in a press conference at Crime Stoppers of Houston, Texas Governor Greg Abbott declared support for amending the state constitution to automatically deny bail for certain criminal charges, unless a defendant can prove – via clear and convincing evidence – that they are not a danger to the community and will not miss court. He announced that Sen. Joan Huffman supports the proposal, and that changes will be made to her current bail legislation, which would already harm Texans.

Nicole Zayas-Manzano, Deputy Director of Policy at The Bail Project issued the following statement in response:

“Gov. Abbott wants a criminal justice system that ignores the U.S. Constitution – one where we don’t need to treat people as innocent until proven guilty. By forcing legally innocent people to prove they deserve their freedom prior to trial – and often without legal counsel present – Abbott is resorting to failed approaches that fuel mass incarceration. This proposal is not only dangerous, it’s unconstitutional. Gov. Abbott is coming for Texans’ rights, and Sen. Huffman is standing right beside him.”

Abbott’s proposal flips the legal standard of a presumption of innocence on its head and is a direct attack on the U.S. Constitution. Despite claims made by Abbott and Huffman to the contrary, these dangerous proposals will actually make Texans less safe: the state’s jails will balloon with more legally innocent Texans locked up before they’ve had their day in court – stripped from their livelihoods, jobs, and families. Because of how destabilizing and dangerous jails are, even short periods of incarceration increase the likelihood of a person getting arrested again on new charges. A 2017 study in Harris County found that “those detained pretrial are more likely to commit future crime.” That includes a 30% increase in new felony charges and a 20% increase in new misdemeanor charges. These proposals are unsafe, unfair, and indefensible.

Thank you for your valuable attention. The urgency and complication of the cash bail crisis requires meaningful participation to create real change – change that is only achieved through the support of readers like youPlease consider sharing this piece with your networks and donating what you can today to sustain our vital work.

Manager of Communications at The Bail Project, Devin McMahon
Manager of Communications

Devin McMahon

As the Manager of Communications, Ms. McMahon leverages her extensive background in advocacy communications to advance The Bail Project's mission of eliminating cash bail. Ms. McMahon brings specialized expertise in message development, media relations, and strategic communications. Before joining The Bail Project, Ms. McMahon orchestrated and supported high-impact advocacy campaigns at RALLY, an advocacy and communications firm, where she developed breakthrough communication strategies for influential organizations including Arnold Ventures, March for Our Lives, National Network of Abortion Funds, and the California Department of Public Health. She received her B.A. in Politics from Oberlin College.