Wise County lawmaker is drafting a bill to target suspected child predators and keep them behind bars

AUSTIN — This week, Texas state Representative Lynn Stucky (R-Sanger) announced he is drafting legislation that would keep suspected violent criminals who prey upon children behind bars. The bill, dubbed "Athena's Law," will seek to change the bail system to prevent criminals like the suspect in Athena Strand's kidnapping and murder from being quickly released from jail.

"Wise County and many Texans are still grieving over the tragic death of Athena Strand and they want to know how the justice system is going to respond," state Rep. Lynn Stucky said. "I heard from many constituents who were outraged that Athena's alleged killer was given bail and the option to leave the jail unsupervised. We must do more to safeguard children and not allow our justice system to easily release violent criminals. This bill will be a guardrail to protect children in our communities."

The bill, which is currently being drafted and will soon be filed in the Texas Legislature, will make it mandatory for suspects charged with a crime causing serious bodily injury or death of a minor to be held for 30 days before being given another bail hearing.

Earlier this month, a judge set bail at $1.5 million for Athena's killer, who reportedly confessed to law enforcement that he had kidnapped and killed the 7-year-old girl from Paradise, Texas, in late November 2022. The current Code of Criminal Procedure allows a judge to deny bail "in accordance with the Texas Constitution and other law." Stucky said that the bill he is drafting will not conflict with the code's mandatory 48-hour time limit on a bail hearing.

"We will maintain individual criminal justice rights while using existing law to make the denial of bail in these cases mandatory as opposed to optional," Stucky said. "Because state law allows defendants who cannot afford bail to request a lower bail amount, there are pathways for dangerous criminals who target kids to quickly be released from jail. At the very least, we need a mandatory pause to protect victims and the community."

In the 87th Texas Legislature, lawmakers took important steps on bail reform to prevent violent criminals from being easily released back onto the streets. This bill seeks to improve upon those reforms by specifically targeting individuals who attack, harm, or prey upon children.

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