Texas 2023 - 88th Regular

Texas House Bill HB165

Filed
11/14/22  
Out of House Committee
4/3/23  
Voted on by House
4/12/23  
Out of Senate Committee
5/11/23  
Voted on by Senate
5/17/23  
Governor Action
6/10/23  

Caption

Relating to the prosecution of and punishment for an aggravated assault occurring as part of a mass shooting; increasing a criminal penalty.

Impact

If legislated, the bill will amend existing laws to facilitate tougher sentences for those convicted of planning or executing a mass shooting. The explicit definition of a mass shooting is expected to standardize how such events are treated in the criminal justice system, thereby impacting how prosecutors approach cases related to these violent incidents. This change aims to protect communities from future mass shootings by establishing clearer legal repercussions for perpetrators, thus sending a strong message discouraging such crimes.

Summary

House Bill 165 aims to address the prosecution and punishment of aggravated assaults that occur as part of mass shootings. One of the bill's key features is that it allows for multiple sentences to be imposed for a single incident involving a mass shooting. This is significant because it elevates the current treatment of non-fatal mass shootings, which are generally categorized as assaults with a deadly weapon, to a more serious legal status with enhanced penalties. The bill was motivated by concerns over how mass shootings are prosecuted and the desire to ensure that punishments reflect the severity of these violent crimes.

Sentiment

Generally, the sentiment surrounding HB 165 appears to be supportive, especially among law enforcement entities and victim advocacy groups. Key supporters include representatives from various police organizations who argue that the bill is a necessary step in enhancing public safety. However, some concerns have been raised regarding the potential for increased incarceration rates and whether these harsher penalties are the best approach to preventing gun violence. Despite the broad support, the topic remains contentious, with ongoing debates about the effectiveness of punitive measures versus preventative strategies.

Contention

Notable points of contention include discussions about the bill's implications for the criminal justice system and its potential impact on offender rehabilitation. Critics argue that simply increasing penalties may not address the root causes of gun violence and could lead to overcrowding in prisons. Additionally, while a majority of discussions around the bill have favored its passage, the enforcement and interpretation of mass shooting definitions could create challenges in court, potentially leading to legal disputes regarding the applicability of new penalties.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 3. Multiple Prosecutions
    • Section: 03
    • Section: 04
    • Section: 03
    • Section: 04
    • Section: 03
    • Section: 04
    • Section: 03
    • Section: 04
    • Section: New Section
  • Chapter 22. Assaultive Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2074

Identical Relating to the prosecution of and punishment for an aggravated assault occurring as part of a mass shooting; increasing a criminal penalty.

Previously Filed As

TX SB2074

Relating to the prosecution of and punishment for an aggravated assault occurring as part of a mass shooting; increasing a criminal penalty.

TX HB2781

Relating to the prosecution of and punishment for an aggravated assault occurring as part of a mass shooting; increasing a criminal penalty.

TX HB1306

Relating to increasing the criminal penalty for assault or aggravated assault of a process server.

TX HB27

Relating to increasing the criminal penalty for assault or aggravated assault of a federal law enforcement officer.

TX HB795

Relating to the punishment for the offense of aggravated assault.

TX SB3031

Relating to the punishment for the offense of aggravated assault.

TX HB3522

Relating to the punishment for aggravated assault of emergency services personnel; imposing a criminal penalty.

TX SB2771

Relating to the prosecution of the offense of aggravated assault.

TX HB958

Relating to the punishment for aggravated assault of emergency services personnel; imposing a criminal penalty.

TX HB176

Relating to the punishment for the offense of aggravated assault.

Similar Bills

No similar bills found.