Prospect of Athena Strand’s accused killer posting bail prompts this proposed TX law

The kidnapping and killing of a 7-year-old North Texas girl has prompted a Denton lawmaker to push for changes to state bail laws.

Republican Lynn Stucky has filed the “Athena Strand Law” to delay the release of people accused of certain crimes when they post bail. The legislation comes after a FedEx contract driver was charged with the kidnapping and murder of Athena Strand outside of her father’s home near Paradise.

“Our justice system is designed to fairly deliver due process,” Stucky said in a statement. “However, the system should also be bolstered to protect child victims from their attackers. I believe all Texans will support protecting our communities and ensuring that we keep dangerous criminals who prey upon our children behind bars.”

Stucky said he had constituents who were “appalled” to learn that Tanner Lynn Horner, who confessed to Strand’s killing, was given the opportunity to post bail. He is in the Wise County Jail on $1.5 million bond.

Weeks after his Dec. 2 arrest, Horner was charged in an unrelated case with three counts of sexual assault of a child under 17 in Tarrant County, according to court records.

One bill would allow magistrates to delay the release of those who post bail following their arrest for crimes that result in the death or serious injury of a child. The amount they could be held for would be longer for those who have confessed to a crime.

A second proposal from Stucky would let voters decide whether a person jailed in the death or serious injury of a child should be required to have their bail release delayed for up to 30 days if a judge or magistrate makes certain findings.

Delaying bail could give officers more time to investigate a person and their history, said Strand’s grandmother Shelly Crittenden.

The change in law could also offer victims some comfort and relief as they make funeral arrangements and make changes to their lives, she said.

“It can give the victims time to maybe help heal, just knowing that that person is in jail and they can’t get out,” Crittenden said.

In his statement, Stucky said the bills do not prevent justice for those accused of crimes. Stucky was not immediately available for an interview Thursday.

“They preserve justice for the victims while allowing the system time to properly investigate the crimes,” he said.

Representatives with the Tarrant County Criminal Defense Lawyers Association and the Texas Criminal Defense Lawyers Association did not immediately return requests for comment. Rep. Joe Moody, D-El Paso, and Rep. Jeff Leach, R-Plano, who have chaired the House Criminal Justice Reform Caucus, also did not immediately return requests for comment.

Wise County Sheriff Lane Akin was supportive of “Athena’s Law” in a statement shared in a news release from Stucky’s office.

“In the course of investigating serious crimes against children, officers commonly find after the arrest and jailing of a suspect, additional victims often step forward to report similar abuses they experienced at the hands of the same suspect,” he said. “‘Athena’s Law’ adding to existing statutes on delaying the release of an individual from jail would allow law enforcement additional time to meet with those who may have been victimized, prepare probable cause affidavits, and seek additional charges against the alleged assailant.”

To become law, bills must generally pass in the House and Senate before going to Gov. Greg Abbott’s desk for signing. Constitutional amendments must pass out of both chamber and then be approved by voters.