Relating to changing the eligibility for community supervision for certain repeat intoxication offenders.
Impact
The implications of HB 1482 for Texas laws include changes to the Code of Criminal Procedure and amendments to existing governing statutes that regulate community supervision. If enacted, this bill would change how repeat offenders are managed within the criminal justice system, potentially reducing the number of such offenders receiving lighter sentences like community supervision in favor of stricter forms of punishment. The bill's passage represents a shift towards tougher measures in dealing with intoxication-related crimes, intending to prevent recidivism amongst high-risk offenders.
Summary
House Bill 1482, also known as Mason and Sam's Law, is focused on modifying eligibility criteria for community supervision related to certain repeat intoxication offenders. This bill specifically clarifies that defendants adjudged guilty of specific violent offenses and repeat offenses involving intoxication will not be eligible for community supervision. By limiting community supervision opportunities for these offenders, the legislation aims to impose stricter penalties and ensure better public safety in communities throughout Texas.
Sentiment
The overall sentiment surrounding HB 1482 appears to be largely supportive among lawmakers prioritizing crime deterrence and community safety. Proponents argue that the bill is a necessary step in addressing public concerns about repeat offenders who pose a significant threat due to their history of intoxication-related offenses. However, some critics express concern that the reduced eligibility for community supervision could lead to overcrowding in correctional facilities without addressing the underlying issues that contribute to intoxication offenses.
Contention
Notable points of contention surrounding the bill include concerns about the adequacy of support systems for offenders and the potential negative impact on rehabilitation efforts. Opponents argue that without access to community supervision, these offenders may lose opportunities for rehabilitation and reintegration into society, possibly increasing their chances of reoffending once released. The balance between public safety and effective rehabilitation remains a critical debate within the discussions surrounding the bill.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 42. Judgment And Sentence
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Penal Code
Chapter 15. Preparatory Offenses
Section: 03
Section: 03
Section: 03
Chapter 19. Criminal Homicide
Section: 02
Section: 03
Section: 02
Section: 03
Section: 02
Section: 03
Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
Section: New Section
Section: New Section
Section: New Section
Chapter 21. Sexual Offenses
Section: 11
Section: 11
Section: 11
Chapter 22. Assaultive Offenses
Section: New Section
Section: New Section
Section: New Section
Chapter 29. Robbery
Section: 03
Section: 03
Section: 03
Chapter 30. Burglary And Criminal Trespass
Section: New Section
Section: New Section
Section: New Section
Chapter 43. Public Indecency
Section: New Section
Section: 05
Section: 25
Section: 26
Section: New Section
Section: 05
Section: 25
Section: 26
Section: New Section
Section: 05
Section: 25
Section: 26
Chapter 49. Intoxication And Alcoholic Beverage Offenses
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 the prosecution and punishment of juveniles who commit certain felony offenses while committed to the custody of the Texas Juvenile Justice Department and the waiver of jurisdiction and discretionary transfer of a child from a juvenile court to a criminal court; changing eligibility for community supervision.