It has become all too familiar to see a news story about another violent and tragic attack done by a person with a significant criminal history, which makes you wonder, “How could they possibly be on the streets?”
In Nashville this month, a man was charged with raping a woman (who died from her injuries) outside of a church. He had been previously arrested 15 times, including for sexual battery, but these were almost all dismissed or not pursued by prosecutors. In November, a Chicago man with 72 prior arrests set a 26-year-old woman on fire on a Chicago train. Another Chicago man, who is a well-known “serial woman puncher,” was arrested again in November for assaulting multiple women. He has been arrested seven times for similar assaults.
In Texas, Harris County has had at least 162 murders since 2021 committed by people out on felony bond for violent crimes. Even further, an investigation by KHOU-11 in Houston analyzed records on 407 capital murder charges in Harris County from September 2016 to September 2021. They found 113 bonded out of jail, and 30 of those defendants were charged with another crime (three with another murder).
This preventable violence must stop, and thankfully some states are beginning to take action.
In Texas, voters overwhelmingly approved “Proposition 3”, a constitutional amendment backed by Governor Greg Abbott that allows judges to keep the most violent defendants in jail while awaiting trial. This was a part of Abbott’s larger bail reform package that overwhelmingly passed the Texas Legislature earlier this year.
Before this measure, defendants accused of crimes such as murder, aggravated sexual assault, and human trafficking had a right to bail, and could not be held in jail before trial without bail - regardless of their danger to public safety. So, when Kendrick Finch allegedly shot and killed Ashlee Long outside a Dallas nightclub this April, which was caught on camera, and was able to post a $500,000 bond, he was able to roam the streets. He is still on the streets today, as his trial is expected to begin in 2026.
While Texas’s law change is not a panacea, it is a step in the right direction. And Texas wasn’t on an island when it came to its previous inadequate bail laws. Data provided by the National Conference of State Legislators shows that 18 states have a constitutional right to bail except for “capital crimes,” which are crimes where the death penalty can be the punishment, a very small number of all violent crimes committed. This means that for most violent offenses, judges cannot guarantee that a defendant will remain behind bars before trial. The majority of the other 32 states have varying lists of offenses and circumstances where bail can be denied, creating loopholes for dangerous reoffenders to be released pretrial.
Additional states have begun changing their bail laws to move more towards a system based on public safety and flight risk. In 2022, Alabama voters approved changes to their constitution that, for the first time, allowed for judges to detain individuals before trial who were accused of certain violent and/or sexual offenses.
In 2017, the New Jersey Constitution was modified after voters approved changes that allowed judicial discretion to detain virtually any defendant after considering specific factors such as criminal history, whether the defendant was on bail for another crime at the time of the offense, and whether they had failed to appear for a court hearing in the past.
And most recently, North Carolina legislators responded swiftly in response to the murder of Ukrainian refugee Iryna Zarutska, who was killed on a train by an individual with an extensive criminal history. Known as Iryana’s Law, the measure included several provisions that restrict the use of bail for repeat violent offenders.
While these reforms signal progress, more states need to act in their upcoming 2026 legislative sessions. Lawmakers should examine crimes being committed by individuals awaiting trial, and determine what changes are needed to ensure bail decisions are made with public safety as the primary concern. But that work won’t come without opposition.
Left-wing extremists will argue that because of the presumption of innocence prior to a conviction, everyone should be released before trial regardless of their public safety threat. However, the Constitution does not guarantee pre-trial release, as upheld by the Supreme Court. Bail decisions must be tailored to the crime and risk of the defendant, which is why the best laws are those that protect public safety while also ensuring that people who aren’t a threat do not sit in jail unnecessarily.
For instance, the new Texas law includes a provision requiring judges to impose only the conditions necessary to ensure public safety and the defendant's appearance at subsequent court hearings, and access to counsel when a defendant faces denial of bail. While you won’t hear much about this consideration, it’s an example of Texas creating a well-rounded law.
While strong laws can make safer communities, not every problem will be solved through legislation, since our system relies on judges and prosecutors exercising appropriate discretion. The decisions they make should be transparent, so that voters can hold them accountable. Such transparency and accountability can be aided with laws that require decisions to be made publicly, in writing, and with an appeals process.
Thanks to President Donald Trump, our country is rightly debating and focusing on violent crime. But as president, there’s only so much he can do, as most of the decisions affecting our safety will be made by state and local officials. It's time for these leaders to look at what works and take action.
Justin Keener is President of Americans for Public Safety.
