Relating to changing the eligibility for community supervision and parole for certain repeat intoxication offenders.
Impact
The impact of HB750 on Texas law is substantial, as it modifies Article 42A.054(a) of the Code of Criminal Procedure. The bill specifically targets the leniency associated with community supervision and parole for serious intoxication offenses. Offenders adjudicated guilty of defined serious violent crimes, as well as intoxication-related offenses with prior convictions, will be barred from benefiting from community supervision mechanisms. This legislative change is expected to tighten control over repeat offenders, potentially leading to increased incarceration rates for these individuals as they will serve longer sentences without the possibility of early release through parole.
Summary
House Bill 750 aims to amend eligibility criteria for community supervision and parole specifically for repeat intoxication offenders in Texas. The key provision of this bill delineates certain offenses that exclude offenders from eligibility for community supervision, including serious felonies such as murder, aggravated robbery, and aggravated sexual assault, along with specified intoxication offenses if the individual has been previously convicted multiple times. By refining these eligibility guidelines, the bill addresses concerns about repeat offenders and public safety, focusing on limiting leniency towards those convicted of severe offenses.
Contention
There may be notable points of contention regarding HB750, as it emphasizes a punitive approach to repeat intoxication offenders rather than focusing on rehabilitation. Advocates for criminal justice reform might argue that the bill disproportionately affects individuals struggling with addiction problems and overlooks the broader societal issues associated with intoxication offenses. Critics may advocate for increased resources for rehabilitation programs instead of stricter parole laws, highlighting that an exclusively punitive approach could exacerbate existing issues within the criminal justice system and fail to address the root causes of repeat offenses.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 42. Judgment And Sentence
Section: New Section
Penal Code
Chapter 15. Preparatory Offenses
Section: New Section
Chapter 19. Criminal Homicide
Section: New Section
Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
Relating to increasing criminal penalties for the manufacture or delivery of certain controlled substances; changing the eligibility for community supervision, deferred adjudication community supervision, or mandatory supervision.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to prohibiting the possession of a firearm by a person in a criminal street gang; creating a criminal offense; increasing criminal penalties; changing eligibility for community supervision.
Relating to prohibiting the carrying of a handgun by a member of a criminal street gang while engaged in criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole of certain persons convicted of sexual assault and aggravated sexual assault.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.