Relating to the eligibility of certain persons to receive a sentence of community supervision, including deferred adjudication community supervision.
Impact
The proposed changes within HB260 aim to streamline the community supervision process, particularly affecting individuals identified as illegal immigrants. By setting forth stricter criteria that disallow eligibility for community supervision for illegal immigrants with past convictions, the bill is likely to have significant implications for the treatment of these individuals within Texas's criminal justice system. It shifts the balance towards stricter eligibility, potentially increasing the number of illegal immigrants who may face longer confinement periods without the possibility of community supervision.
Summary
House Bill 260 (HB260) proposes amendments to the eligibility criteria for individuals seeking community supervision and deferred adjudication community supervision in Texas. The bill introduces a new definition for 'illegal immigrant,' which refers to individuals who have entered the United States without inspection and authorization. The amendments emphasize restrictions on eligibility for community supervision based on prior convictions, particularly for illegal immigrants who have previously committed offenses in Texas.
Contention
Notable points of contention around HB260 center on the fairness and effectiveness of denying community supervision based on immigration status and previous convictions. Supporters argue that the bill is necessary to ensure accountability and public safety, while critics contend that it disproportionately impacts vulnerable populations and may exacerbate existing inequities within the justice system. The debate is likely to focus on the implications of such measures for rehabilitative justice and the integration of non-citizens into societal mechanisms that support reintegration after legal sentencing.
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 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 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.