Bill would limit bail for violent crime suspects

TIFFIN — State Rep. D.J. Swearingen, R-Huron, has introduced a new bill to tighten the rules for granting bail to people accused of violent crimes. Swearingen and the co-author of the new measure, the Ohio Holly Act, State Rep. Jeff LaRe, R-Violet Twp., contend the proposed law will make it less likely that violent criminals can commit another crime. The measure is named after a woman known only as "Holly," who was hit in the face and badly injured in Cincinnati last July. The man who allegedly hit her had been arrested for several crimes but bonded out. What would bill change? The new measure, which doesn't have a bill number yet, would require judges to use risk assessment tools to determine whether the defendant is likely to cause serious harm to another person. A person who did not show up for a court date or who ignored a summons from the court would not be allowed to be released on personal recognizance and would have to post at least 25% of a bond in cash. Charitable organizations that help people post bail would be banned from providing bail for violent offenses, would have the amount they could provide toward bail capped and would have to provide annual reports. Focus on violent offenders A National Public Radio news article published in July explained that, particularly after the 2020 Black Lives Matter protests that swept the U.S., many more charitable bail funds have been created to help defendants get out of jail. It's part of a larger reform movement to help people with little money deal with cash bail and get out of jail before trial. Swearingen says his bill is aimed at preventing violent offenders from taking advantage of such efforts. "The focus of this bill is on offenders that have a violent propensity and ensuring they don't cause more harm to our communities by being released on bail," he said. One of the people who spoke at a press conference in Columbus announcing the new bill, Andy Kahan, director of victims services for Houston CrimeStoppers, contended that a similar measure in his home state had reduced violent crime. "Once Texas passed similar legislation, we saw a dramatic drop in the number of people murdered, raped, and robbed by violent defendants who previously would have been released on bond," Kahan said. During the press conference, Swearingen noted that in 2022, voters overwhelmingly approved Issue 1, a state question requiring courts to consider public safety when setting bail amounts. Swearingen, an attorney, said another aspect of the bill allows the attorney general to appeal decisions to grant bail if the attorney general believes the defendant is a threat to the public and should remain in jail. Swearingen pledged that as the bill moves through the process, he will listen to comments. He said he expects the measure to be amended as it goes along. Holly, who spoke at the press conference, said the man blamed for the violence who caused her injury was a convicted felon who had been released on bail two weeks before she was injured. "This is about accountability," she said. "When someone shows a pattern of dangerous behavior, the system must take it seriously. A revolving door approach to low bail puts real people at risk." A spokeswoman for the Ohio Civil Liberties Union, Celina Coming, did not respond to an email asking if the Ohio ACLU is paying attention to the bill.