Relating to the eligibility of certain persons to receive a sentence of community supervision, including deferred adjudication community supervision.
Impact
The revisions to eligibility regarding community supervision can drastically alter the landscape of criminal justice in Texas. Under this bill, individuals defined as illegal aliens are barred from opportunities for community supervision, thus influencing sentencing outcomes. The bill appears to aim at ensuring that those deemed ineligible under this classification do not receive leniency through community supervision programs, leading to increased incarceration rates for certain offense categories, particularly affecting those from immigrant backgrounds.
Summary
Senate Bill 174 (SB174) proposes amendments to Article 42.12 of the Code of Criminal Procedure concerning the eligibility of individuals for community supervision or deferred adjudication community supervision. A significant aspect of the bill is the explicit inclusion of 'illegal aliens' as ineligible for community supervision. This new definition encompasses individuals who either entered the U.S. without inspection or failed to maintain the necessary immigration status prior to committing an offense. The implications of this legislation may introduce stricter eligibility criteria that some argue could disproportionately impact immigrant communities in Texas.
Contention
Opponents of SB174 might raise concerns about the fairness of denying community supervision based solely on immigration status, suggesting that this reflects broader issues of racial and social justice. Critics could argue that such provisions contribute to a punitive approach towards immigrant populations rather than focusing on rehabilitation and effective reintegration into society. This contention inherently highlights the ongoing debate within the state regarding crime, punishment, and the treatment of non-citizens under local laws.
Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.
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 the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
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 the expunction of arrest records and files for certain defendants placed on deferred adjudication community supervision for the unlawful carrying of a handgun.