Texas Senate Bill SB828

Texas 2009 - 81st Regular

• Out of Senate Committee: 3/25/09
• Voted on by Senate: 4/2/09
• Out of House Committee: 5/4/09
• Voted on by House: 5/7/09
• Governor Action: 5/20/09
• Enrolled: 5/11/09
• Passed: 5/20/09

Caption

Relating to a determination of value for purposes of punishment of the offense of abuse of official capacity.

Impact

The amendments introduced by SB828 will lead to a more consistent application of penalties for public officials found guilty of abuse of official capacity. By aggregating the value of multiple transactions tied to one scheme, the legislation makes it easier to classify the severity of offenses, thereby potentially increasing the penalties for those engaging in such misconduct. Additionally, this clarity in valuation could streamline judicial processes in prosecuting these offenses, as the law now explicitly outlines how to ascertain the value of misused assets.

Summary

SB828 relates to the determination of value for purposes of punishment in cases of abuse of official capacity. The bill specifically amends Section 39.02 of the Penal Code, adding new subsections that clarify how the value of misused assets should be assessed when evaluating offenses involving public officials. This legislation seeks to provide clearer guidance for law enforcement and the judicial system in classifying such offenses based on the aggregated value of involved transactions if they are part of a single scheme or continuing course of conduct.

Contention

One notable point of contention surrounding SB828 may be the implications it has for prosecutorial discretion and the appeals process. Critics might raise concerns regarding the adequacy of valuation metrics defined in the bill, fearing that it may lead to disparities in how cases are prosecuted, particularly in complex situations involving multiple violations of law. Moreover, the bill's provision that limits the value of the misused asset to its fair market value at the time of the offense could be viewed as a potential loophole that undermines the intended penalties for abuse of power within official capacities.