Texas House Bill HB761

Texas 2009 - 81st Regular

• Out of House Committee: 3/26/09
• Voted on by House: 4/3/09

Caption

Relating to the penalty for certain property offenses committed during certain declared states of disaster.

Impact

The implementation of HB 761 will impact how property crimes are prosecuted and punished in Texas, particularly in the context of disasters. By escalating penalties during these times, the bill aims to provide additional protection for citizens and property. It is expected that increased penalties would serve as a deterrent for potential offenders who may take advantage of situations where law enforcement resources are stretched due to disasters. The law will apply to offenses committed from the effective date onward, with previous offenses remaining under the original law applicable at the time of their commission.

Summary

House Bill 761 seeks to amend the Texas Penal Code by increasing penalties for certain property crimes that occur during declared states of disaster. Specifically, the bill stipulates that if a property offense defined under Chapters 28, 29, 30, or 31 is committed in an area declared a state of disaster by the governor or local governing body, the punishment for that offense will rise to the next highest category of offense. This legislative change is intended to deter criminal activity during vulnerable periods when communities are facing disasters.

Contention

The legislation could be viewed as a response to public safety concerns that arise during disasters, where looting and other property crimes tend to spike. However, potential points of contention may arise regarding the fairness and effectiveness of increasing penalties in this manner. Critics might argue that harsher penalties do not necessarily correlate with reduced crime rates, and could disproportionately affect individuals with lesser means who may not have the resources to defend against these charges. Additionally, discussions might surface about whether the law truly addresses the root causes of crime during disasters or merely exacerbates existing issues within the criminal justice system.