Texas Democratic state representative and Senate hopeful James Talarico previously voted against multiple legislative efforts to prevent individuals accused of heinous crimes from being granted cashless bail. These votes occurred in the early 2020s, though Talarico did support some tighter bail rules last year.
In 2021, while serving as a state representative, Talarico voted against House Bill 20, which would have restricted individuals arrested for alleged sexual or violent crimes from posting bail on personal bonds without upfront payment. The bill also prohibited charities from posting bail for those accused or convicted of violent crimes, a provision that arose following an increase in such practices after George Floyd's death.
Critics of HB 20 argued that it would have required individuals booked for certain misdemeanors to remain in jail for at least 48 hours, allowing judges time to conduct risk assessments. The bill passed the Texas House but failed to become law due to a quorum dispute.
Also in May 2021, Talarico opposed a proposed constitutional amendment that would have barred judges from granting bail to individuals accused of sex crimes against minors under 17 and those accused of continuous trafficking of persons. This measure also passed the state House but did not go into effect.
Further in August 2021, Talarico opposed the "Damon Allen Act," which sought to prevent individuals arrested for violent or sexual offenses from receiving cashless release. This act ultimately passed and was signed into law by Gov. Greg Abbott.
These legislative battles occurred during a period when Texas Democrats, including Talarico, engaged in a quorum fight to protest election integrity bills. Under Texas law, a quorum requires 100 lawmakers in the state House and 21 in the state Senate to be present for legislative business. The Democrats' withdrawal prevented the Republican-led legislature from conducting business on certain occasions.
More recently, in 2025, Talarico voted on amendments to Jocelyn's Law, which aimed to restrict illegal immigrants charged with felonies from obtaining bail. Although Talarico voted on the amendments, he missed the vote on the bill's final passage. Jocelyn's Law was named in memory of a preteen who was murdered in 2024 by two undocumented immigrants from Venezuela. The proposed addition to the state constitution fell short.
Despite his past opposition to some bail reform measures, Talarico supported a bail reform package last year that gained significant Democratic backing and was praised by Gov. Greg Abbott as "the strongest bail reform package in Texas history." Talarico's campaign stated that he "proudly voted for Governor Abbott’s bill to deny bail for violent criminals, supports prosecuting violent felons, and has voted to send billions of dollars to support law enforcement."
Talarico is currently in a closely contested race against Texas Attorney General Ken Paxton, who has faced multiple scandals, including securities fraud charges and impeachment proceedings. Paxton and his allies have sought to portray Talarico as lenient on crime, highlighting his past votes on bail legislation.