Texas House Bill HB4058

Texas 2009 - 81st Regular

• Out of House Committee: 5/2/09

Caption

Relating to creating an offense for persons imprisoned or confined in the Texas Department of Criminal Justice to use the mail to harm or threaten to harm certain other persons.

Impact

The proposed change would allow law enforcement to prosecute prisoners for communications that threaten or harm others based on their roles in legal processes. The introduction of this bill is seen as a necessary step to reinforce the protection mechanisms in place for public servants and individuals assisting in the justice system. By instituting legal consequences for such unlawful acts of communication, the bill aims to deter threats that could compromise the integrity of the justice process and encourage collaboration among witnesses and informants.

Summary

House Bill 4058 aims to address the issue of unlawful communication by individuals imprisoned in correctional facilities operated by or under contract with the Texas Department of Criminal Justice. The bill introduces a new offense under the Penal Code that specifically targets the use of mail or other means of communication by these individuals to harm or threaten to harm certain persons. This could include public servants, witnesses, prospective witnesses, informants, or someone who has reported or intends to report a crime. The intent behind this legislation is to enhance the safety and protection of those involved in the criminal justice system from potential threats originating from incarcerated individuals.

Contention

Despite its intended protective measures, HB 4058 may raise questions regarding the implications for communication rights within correctional facilities. Critics might argue that adding severity to penalties for communications could lead to unintended consequences, such as restricting legitimate correspondence. Additionally, there may be concerns about the definition of 'unlawful act' and how it might be interpreted in different scenarios, potentially affecting the rights to free expression of inmates. The balancing act between protecting individuals involved in the justice system and preserving the rights of incarcerated persons could lead to debate among lawmakers and advocacy groups.