AUSTIN, Texas — A new bill proposed in Austin would cut down the waiting time for murder cases by prioritizing them in court.
Texas law already requires domestic abuse cases to get priority, but if passed, a new bill would also move murder and capital murder cases to the front of the line.
“It’s been hell," said Anna Machado.
Her daughter, 16-year-old Diamond Alvarez, was shot to death 22 times while walking her dog in January 2022. Investigators charged her boyfriend, Frank DeLeon with murder in her death.
He posted bond but was later re-arrested after allegedly violating it. Then, he was granted bond again.
“What’s the point of going to court if it’s reset, after reset, after reset,” Machado said.
It's been more than a year since her daughter's death and she is still waiting for the trial.
“Out of all of our criminal justice issues, this is the most serious," said Texas Sen. John Whitmire.
Whitmire, who chairs the Criminal Justice Committee and is a Houston mayoral candidate, was the one who introduced Senate Bill 402. The bill would require judges to prioritize murder and capital murder cases in their courtrooms.
Whitmire said some cases have taken three to five years to get through the system.
“It’s not fair to the victim’s family, it’s not fair to that defendant and certainly it’s not fair to society – particularly if you are given a bond," Whitmire said.
According to Whitmire, there are 1,841 murder or capital murder cases pending in Texas. There are 885 defendants still in jail and 956 out. Of those 956, there are 631 wanted fugitives.
“That is, in my judgment, why we are seeing repeat violent acts across Houston and Harris County," Whitmire said.
For Machado, anything to speed up the system in each judge's court is long overdue.
“This should have been done before, why now? Because COVID? That’s the excuse I get, that shouldn’t be an excuse you are still getting paid because of COVID," she said. "You still sit in there, you still wear that gown."
The next court date in the Diamond Alvarez case isn't until March. If passed, the bill would go into effect in September.