Texas Iryna’s Law

An Act Relating to Pretrial Release Conditions, Judicial Oversight, and Mental Health Evaluations in Criminal Proceedings; Enacting Provisions Modeled on Public Safety Reforms; to Be Known as Texas Iryna’s Law. Be it enacted by the Legislature of the State of Texas: Section 1. Short Title This Act may be cited as “Texas Iryna’s Law.” Section 2. Findings and Purpose The Legislature finds that dangerous individuals with prior criminal histories or mental health issues have been released pretrial on non-secured conditions, leading to further violent crimes and tragedies for victims and communities. The purpose of this Act is to enhance public safety by restricting unsecured pretrial release (including personal bonds or cashless bail) for certain violent offenses and repeat offenders, increasing judicial oversight in release decisions, and mandating mental health evaluations with options for involuntary commitment when a defendant poses a risk due to mental illness. Section 3. Amendments to Code of Criminal Procedure – Pretrial Release Restrictions Chapter 17 of the Texas Code of Criminal Procedure is amended to prohibit or severely limit unsecured pretrial release (such as release on personal bond, written promise to appear, or other non-monetary conditions without sufficient surety) for defendants charged with: • Violent felony offenses, including but not limited to murder, aggravated assault, sexual assault, robbery, aggravated kidnapping, or any offense involving the use or exhibition of a deadly weapon. • Any felony offense if the defendant has a prior conviction for a violent felony or was on bail or pretrial release for a violent offense at the time of the new alleged offense. • Any offense classified as a state jail felony or higher if the defendant has multiple prior convictions indicating a pattern of criminal behavior posing a risk to public safety. In such cases: • A magistrate or judge may only grant pretrial release upon posting of sufficient secured bail (cash or surety bond) in an amount adequate to ensure appearance and community safety. • Unsecured release options are prohibited unless the judge makes specific written findings that the defendant poses no danger to any person or the community and is likely to appear, supported by clear and convincing evidence. Such findings must be reviewed and approved by a district judge within 48 hours. This section applies to initial appearances and bail hearings on or after the effective date of this Act. Section 4. Increased Judicial Oversight in Pretrial Release Magistrates setting conditions of release must: • Make written findings of fact justifying any release decision, including assessment of flight risk, danger to victims or the community, criminal history, and ties to the community. • Failure to make required written findings is grounds for disciplinary review, suspension, or removal of the magistrate, except for a first incident which may result in warning or training only. • All pretrial release decisions for violent offenses must be reviewed by a district judge upon request of the prosecuting attorney or within 72 hours if the defendant remains detained. Prosecuting attorneys shall have the right to present evidence and argue against unsecured release at any bail hearing. Section 5. Mandatory Mental Health Evaluations and Involuntary Commitment In any case where a defendant is charged with a violent offense and there is probable cause to believe the defendant suffers from mental illness that substantially impairs their ability to appreciate the wrongfulness of their conduct or poses a continuing danger: • The court shall order a prompt mental health evaluation by a qualified mental health professional within 48 hours of arrest or initial appearance. • If the evaluation indicates the defendant meets criteria for involuntary commitment under Chapter 573 or 574 of the Texas Health and Safety Code (including substantial risk of serious harm to self or others due to mental illness), the court may order temporary involuntary commitment to an inpatient mental health facility pending trial, in lieu of or in addition to other pretrial detention. • The defendant shall remain in custody pending the commitment hearing, which must occur within 14 days (extendable for good cause). • Procedures for such commitments shall follow existing involuntary commitment laws but prioritize public safety and allow input from victims or prosecutors. This section ensures that defendants found incapable of proceeding due to mental illness receive appropriate treatment while protecting the community from release without safeguards. Section 6. Severability If any provision of this Act is held invalid, the remainder shall remain in effect. Section 7. Effective Date This Act takes effect February 1, 2026, or if such date has already passed, on the first day of the month following its passage, and applies to offenses committed on or after that date, as well as pretrial proceedings initiated thereafter.