Texas 2023 - 88th Regular

Texas House Bill HB28

Filed
11/14/22  
Out of House Committee
3/20/23  
Voted on by House
3/30/23  
Out of Senate Committee
5/11/23  
Voted on by Senate
5/15/23  
Governor Action
6/2/23  

Caption

Relating to enhancing the punishment for certain conduct constituting the criminal offense of aggravated assault.

Impact

The implementation of HB 28 will significantly alter the legal landscape governing violent crimes in Texas. With the new law, offenders who inflict serious injuries will face harsher penalties, which proponents argue will serve as a deterrent against such acts of violence. Victim advocacy groups have emphasized the importance of recognizing the lifelong repercussions of these assaults, advocating for stricter laws to protect potential victims. The bill, therefore, not only aims to provide justice for those affected but also signifies a shift towards prioritizing public safety and victim rights in the state’s penal system.

Summary

House Bill 28, referred to as the Todd Hoagland Act, aims to enhance penalties for aggravated assault offenses that result in severe injury, including permanent vegetative states or irreversible paralysis. The bill proposes moving the classification of such crimes from a second-degree felony to a first-degree felony. This legislative change seeks to ensure that individuals committing particularly heinous assaults face more severe consequences, reflecting the gravity of their actions and the impact on victims' lives. The bill is named after Brandy Todd and Jamie Hoagland, who were both victims of violent attacks that led to life-altering injuries.

Sentiment

Public sentiment surrounding HB 28 has largely been supportive, particularly among advocates for victims of violent crime and their families. Testimonies during committee discussions highlighted the emotional and physical toll that such crimes take on victims and their loved ones. The bill received overwhelming support during voting in the legislature, indicative of a strong bipartisan consensus on the need for tougher penalties for aggravated assault. However, some might contend that it could lead to challenges within the justice system regarding overcrowding and sentencing disparities, as the definitions of what constitutes a first-degree felony could vary in interpretation.

Contention

While the bill was passed with strong support, it does raise discussions about the implications of enhancing penalties for violent crimes. Some opponents may argue that the focus should also be on preventative measures and rehabilitation rather than purely punitive actions. There are concerns that a strictly punitive approach may not address the root causes of violence, suggesting that alongside tougher penalties, there should be an investment in community programs aimed at violence prevention. Nonetheless, the overwhelming legislative backing reflects a clear priority to address serious violent crimes with appropriate severity.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 22. Assaultive Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Family Code

  • Chapter 71. Definitions
    • Section: 0021
    • Section: New Section
    • Section: 0021
    • Section: New Section
    • Section: 0021
    • Section: New Section

Transportation Code

  • Chapter 501. Certificate Of Title Act
    • Section: 002
    • Section: 002
    • Section: 002

Companion Bills

TX SB598

Identical Relating to enhancing the punishment for certain conduct constituting the criminal offense of aggravated assault.

Similar Bills

No similar bills found.