Texas 2009 - 81st Regular

Texas House Bill HB3228

Filed

Out of House Committee

4/20/09

Voted on by House

5/4/09

Out of Senate Committee

5/23/09

Voted on by Senate

5/26/09

Governor Action

6/19/09

Bill Becomes Law

Enrolled

5/31/09

Passed

6/19/09

Caption

Relating to the offense of prohibited substances and items in correctional facilities.

Impact

The bill's primary impact is on the regulatory framework governing correctional facilities in Texas. By reinforcing the prohibition against delivering certain substances and items into these facilities, the bill aims to enhance security and reduce the potential for contraband within correctional settings. This includes specifically addressing the risks posed by cellular phones and similar devices which can be used for illicit communications from inside correctional facilities.

Summary

House Bill 3228 aims to amend the Texas Penal Code to address offenses relating to prohibited substances and items in correctional facilities. The bill redefines the specifications of items that cannot be provided to individuals in custody at correctional facilities or secure detention facilities, including alcoholic beverages, controlled substances, deadly weapons, and communication devices. The legislation highlights the illegal transfer of these items and establishes stricter penalties for offenders.

Contention

While the intent of HB 3228 may be to strengthen security within correctional facilities, there are concerns regarding how it could affect individual rights and due process. Critics of the bill might argue that the strict categorization of offenses could lead to an overreach where individuals, who may inadvertently violate provisions, face severe penalties. Additional concerns may also arise about the effectiveness of such measures in reducing contraband levels, as well as the implications for rehabilitative efforts for inmates.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4886

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB1402

Relating to the criminal penalties for certain criminal offenses.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB1341

Relating to repealing certain offenses and removing certain regulations relating to the cultivation, manufacture, delivery, and possession of marihuana and cannabis.

TX HB3620

Relating to repealing certain offenses and removing certain regulations relating to marihuana, cannabis, cannabinoids, synthetic cannabinoids, and paraphernalia.

TX HB77

Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.

TX SB83

Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.

TX HB520

Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

TX HB2330

Relating to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.

Similar Bills

TX HB1481

Relating to certain offenses regarding the possession or use of a cellular telephone by an inmate or defendant in a correctional or detention facility and to the detection and monitoring of that possession or use.

TX SB942

Relating to warrants or orders issued to obtain certain information through installation or use of global positioning system wireless device trackers, international mobile subscriber identity locators, or other devices or equipment, and to public access to law enforcement or prosecutor requests for certain related location or communication information; creating an offense.