Texas 2009 - 81st Regular

Texas House Bill HB2371

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the forfeiture of an inmate's good conduct time as a result of filing certain motions for forensic DNA testing.

Impact

The implications of HB2371 are significant for the state's criminal justice system. By imposing forfeiture of good conduct time as a penalty for filing frivolous motions, the bill aims to discourage inmates from abusing the legal process regarding DNA testing claims. This could lead to a reduction in the number of frivolous cases clogging the legal system, thereby allowing more efficient handling of legitimate postconviction claims. However, this could also raise concerns about the potential for innocent inmates being disincentivized from seeking DNA testing that could potentially prove their innocence.

Summary

House Bill 2371 addresses the issue of good conduct time for inmates who file frivolous motions for forensic DNA testing. The bill amends Chapter 498 of the Government Code and introduces Section 498.0047, which stipulates that if a convicted inmate files a motion for DNA testing that the court finds to be frivolous, the state will forfeit a defined amount of the inmate's accrued good conduct time based on the felony level of their sentence. Specifically, those serving third-degree felonies will lose 180 days, second-degree felonies will lose 365 days, and those with first-degree or capital felonies will lose all accrued good conduct time.

Contention

The bill has sparked debate about the balance between preventing frivolous legal claims and protecting the rights of inmates. Proponents argue that it is essential to uphold integrity within the judicial process, asserting that the bill will save court resources and expedite legitimate cases. Conversely, opponents express concerns that the bill may result in unjust penalties for inmates who genuinely seek to prove their innocence through DNA testing. Critics worry that the risk of losing good conduct time could deter inmates from pursuing legitimate motions, thereby undermining the justice system's commitment to correcting wrongful convictions.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1064

Relating to the award of good conduct time to certain inmates; changing parole eligibility.

TX HB1618

Relating to the award of good conduct time to certain inmates; changing parole eligibility.

TX HB270

Relating to postconviction forensic DNA testing.

TX HB3758

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

TX HB4518

Relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment and to victims' rights regarding a motion to grant a commutation.

TX HB1728

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.

TX HB1442

Relating to the prosecution of certain criminal conduct involving a reckless driving exhibition or racing on a highway and to the forfeiture of contraband as a result of a reckless driving exhibition.

TX SB1970

Relating to the prosecution of certain criminal conduct involving a reckless driving exhibition or racing on a highway and to the forfeiture of contraband as a result of a reckless driving exhibition or racing on a highway.

TX SB793

Relating to criminal asset forfeiture proceedings and the seizure and forfeiture of certain property.

TX SB955

Relating to the release on parole of certain youthful offenders; changing parole eligibility.

Similar Bills

No similar bills found.