AUSTIN, Texas – "Jenny's Law," legislation designed to offer more protection to certain witnesses in criminal trials, was unanimously approved by the Texas Senate on Wednesday, according to reports.
Seven state senators on the criminal justice committee approved Senate Bill 291 after a hearing in Austin in late March.
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"This bill is of highest priority," said State Sen. John Whitmire, committee chairman.
Whitmire filed the bill after Channel 2 Investigates aired a series of stories about a mentally ill rape victim being put in jail to ensure her testimony against her attacker.
"Jenny" spent more than a month in the Harris County jail on a so-called "witness bond." In "Jenny's" case, the bond was issued after she suffered a mental breakdown on the stand.
These bonds are typically issued to make sure potentially problematic witnesses in criminal trials show up for court.
Harris County District Attorney Kim Ogg testified before the committee that "Jenny's" case exposed a shortcoming in this process.
"It did raise the need for protection of victims in counties across the state," Ogg said.
"Jenny" is suing Harris County and one her attorneys, Maisie Barringer, read a statement from "Jenny's" mother to committee members.
"I would like to tell the district attorney's office that jail is for criminals and not innocent victims as my daughter," Barringer said "Jenny's" mother wrote.
If the bill becomes law, a hearing in open court would be required before one of these bonds is granted. If granted, a person would get a chance to post bond and have an attorney appointed to represent them. The bill would also require a rehearing on the bond five days after it is issued to make sure the bond is still needed.
None of these measures was in place when "Jenny" was held under this type of bond.
Michael Hoyle,chief of the Bexar County's District Attorney's Office's criminal trial division, testified in opposition of the bill; saying what happened to "Jenny" was an isolated case.
"Bexar County, we don't have this issue, so why do we need a statewide law?" Hoyle said.
Whitmire and other senators were quick to respond.
"I'm a little shocked at your insensitivity to the circumstances we just heard described," Whitmire said.
Hoyle said he was not being insensitive to "Jenny's" circumstances, but felt this bill is an "overreach" for an issue that rarely occurs.
"If I thought I had a good bill coming in here, you just convinced me without a shadow of a doubt. So thank you," Whitmire said.
"Well, I don't appreciate the sarcasm senator, it's inappropriate," Hoyle said.
Hoyle also argued the bill could provide an additional financial burden to counties having to provide attorneys to witnesses.
"Well, sometimes you got to spend money to protect people's rights," said State Sen. Joan Huffman, vice chair of the committee.