How many times have you heard a news story about a violent criminal being released with no bond in Southeast Texas only to be accused of a new violent crime a few days later?
There are dozens of examples of dangerous inmates being released in Houston and who go on to immediately commit new crimes (sometimes murder) shortly after they get out of jail.
Now Texas lawmakers are putting their foot down.
In response to the Caitlynne Guajardo story and an increasing number of homicides in the county allegedly committed by suspects released on low-dollar felony or PR bonds, state Senator Paul Bettencourt (R-Houston) announced at Monday’s press conference that he has filed “Caitlynnne’s Law,” legislation crafted to address the problem in the county and statewide.
“This situation has to stop,” said Bettencourt. “And while we’re filing a bill today…I’m calling on the judges of Harris County to stop this today.”
While misdemeanor bail policies in Harris County are largely governed by the settlement terms of a federal lawsuit known as ODonnell v. Harris County, felony bail is still set by elected judges or appointed magistrates.
Over the past few years, Harris County’s judges and magistrates have become increasingly lenient in setting bonds and release conditions for felony suspects, and on numerous occasions suspects released have been re-arrested for additional felony offenses, including murder.
According to Andy Kahan, Victim’s Advocate for Crime Stoppers, more than 90 people have been murdered by suspects released on multiple or PR bonds over the past two years in a trend that predates the COVID-19 pandemic.
Kahan noted that just in the past week law enforcement officers with both the Harris County Sheriff’s Department and the Houston Police Department had been shot by defendants out on multiple felony bonds.
If passed, Catilynne’s Law would prohibit magistrates from releasing a defendant on a PR bond for offenses committed while out on an existing PR bond, or on a felony offense when two or more other felony charges are pending against the defendant.
The legislation would also set a $10,000 minimum amount of bail per offense in felony cases where the defendant is accused of three or more felonies.
The Texas Constitution guarantees the right of bond to a defendant, so Bettencourt’s bill works within that constraint. Changing the law to outright deny bonds would require the passage of a new state constitutional amendment.
Growing concern over felony bond practices in the county has drawn bipartisan support for Bettencourt’s bill. Although not in attendance, District Attorney Kim Ogg expressed support, saying, “Violent offenders who commit more crimes while on bail should not be repeatedly released to prey on innocent people.”
In case you're wondering how the bill got it's name...
Since her daughter’s murder in 2019, Melanie Infinger has been on a mission to change a revolving door bond system that puts violent criminals back on Harris County streets.
A bill in her daughter’s name was introduced in the Texas legislature to help keep some of those criminals in jail.
Caitlynne Infinger Guajardo was 20 and pregnant when her estranged husband, who was out on multiple bonds, allegedly stabbed her 20 times, killing her and her unborn baby.
Alex Guajardo had been arrested a few days before the murder after allegedly assaulting Caitlynne and torturing and killing her cat. But a Harris County judge let him out on a PR – or personal recognizance – bond, which means he didn’t have to pay a dime.
When the assault happened, Guajardo was already out on another PR bond for his second DWI.
“When I found out she was murdered, after the numbness and the shock and the denial and the sadness and the pain, I was just angry because I wanted to know who bonded him out," Infinger said Monday at a news conference announcing Caitlynne’s Law.
Harris County Judge Lina Hidalgo speaks during an interview in Houston, Texas, U.S., on Tuesday, Dec. 10, 2019. Houston-area residents should follow stay-at-home guidelines that were discontinued weeks ago to cope with a resurgence in Covid-19 cases and hospitalizations, Hidalgo said. Photographer: Sharon Steinmannn/Bloomberg via Getty Images