Texas House Bill HB2371

Texas 2009 - 81st Regular

• Out of House Committee: 4/23/09

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.