Jocelyn’s Law’ Stalled in Texas House as Democrats Withhold Support

Jocelyn’s Law’ Stalled in Texas House as Democrats Withhold Support

By | Texas Scorecard | May 26, 2025

Measures aimed at keeping violent offenders behind bars are stalled in the Texas House after Democrats refused to provide the votes needed to meet the state’s constitutional threshold.

Senate Joint Resolution 87—renamed “Jocelyn’s Law” in honor of 12-year-old Jocelyn Nungaray, who was brutally murdered in Houston last year—received support from a majority of House members but failed to reach the two-thirds vote required to place a constitutional amendment on the ballot.

The resolution, carried by State Rep. Mitch Little (R–Lewisville), would have amended the Texas Constitution to require judges to deny bail to individuals accused of violent felonies if they had previously been convicted of or were out on bail for similar crimes at the time of the new offense.

Little told members the measure is a targeted attempt to stop preventable tragedies caused by repeat violent offenders being released and allowed to reoffend.

“You may be wondering how this is going to affect you and your districts,” said Little, citing cases across the state in which individuals released on bail for serious crimes went on to commit even worse acts, including murder, human trafficking, and the killing of a law enforcement officer. “It was all preventable. It was all preventable.”

He also pointed to the 1987 U.S. Supreme Court decision in United States v. Salerno as legal precedent, emphasizing that bail is not a guaranteed right under the Constitution and that states may restrict it in the interest of public safety.

The measure received 93 votes in favor and 32 against, falling short of the 100 votes needed in the 150-member House to send a constitutional amendment to voters. It will receive one more vote tomorrow.

House Democrats largely opposed the measure, arguing it would lead to unjust pretrial incarceration and bypass due process.

State Rep. Joe Moody (D–El Paso) spoke forcefully against the resolution, calling it “wrong” and “immoral.”

“If you have a certain history, then someone accusing you gets you locked up awaiting trial automatically, maybe for years,” said Moody. “Members, that’s wrong, and it’s immoral, and we should reject it without a second thought.”

He also criticized what he described as an imbalance in the legislative process, criticizing the Senate for refusing to consider other “bipartisan criminal justice reforms” previously passed by the House.

“This just isn’t about the bad policy contained in SJR 87. This is about the dignity of this chamber,” Moody said.

SJR 87 had gained momentum in the wake of the seeming failure of SJR 1, a similar proposal that would have denied bail to illegal aliens accused of certain violent crimes. That resolution also bore the name “Jocelyn’s Law” but failed to clear the 100 vote threshold necessary to be put on the ballot. Lawmakers had hoped to salvage the effort by transferring the name to SJR 87, which had broader bipartisan appeal.

SJR 5, meanwhile, passed the chamber earlier this month and would allow judges to deny bail to individuals accused of violent felonies if clear and convincing evidence shows they pose a flight risk or a danger to the public, law enforcement, or victims.

Brandon serves as the Senior Editor for Texas Scorecard. After managing successful campaigns for top conservative legislators and serving as a Chief of Staff in the Texas Capitol, Brandon moved outside the dome in order to shine a spotlight on conservative victories and establishment corruption in Austin. @bwaltens