Texas House Bill HB2577

Texas 2011 - 82nd Regular

• Introduced: 3/8/11
• Out of House Committee: 4/19/11
• Voted on by House: 5/6/11
• Refer: 3/15/11
• Out of Senate Committee: 5/21/11
• Report Pass: 4/18/11
• Voted on by Senate: 5/25/11
• Engrossed: 5/6/11
• Governor Action: 6/17/11
• Refer: 5/9/11
• Report Pass: 5/21/11
• Enrolled: 5/27/11
• Passed: 6/17/11

Caption

Relating to the unlawful use of a criminal instrument or mechanical security device; providing a penalty.

Impact

The bill modifies Section 16.01 of the Texas Penal Code, presenting a structured approach to categorizing offenses related to criminal instruments. It establishes that if a person possesses such instruments or devices with the intent to use them for committing an offense, this behavior will be classified as a criminal offense. The penalties suggest that an offense stemming from possession is considered a lower category than the intended offense. However, manufacturing or adapting these devices for illicit use elevates the offense to a state jail felony.

Summary

House Bill 2577 addresses the unlawful use of a criminal instrument or mechanical security device by introducing penalties associated with their possession, manufacture, and sale. Specifically, it defines what constitutes a criminal instrument and what a mechanical security device entails. The bill aims to clarify the legal framework surrounding these instruments, likely in response to concerns regarding their potential misuse in committing offenses. By specifying the penalties, the bill seeks to deter individuals from engaging in such unlawful activities.

Contention

While the intent of HB 2577 is to strengthen law enforcement capabilities in addressing potential criminal activities, there are concerns regarding the definitions provided in the bill. For instance, the interpretation of what constitutes a 'criminal instrument' could lead to misunderstandings or misuse in law enforcement practices, potentially criminalizing individuals unintentionally found with such devices. Furthermore, debates might arise surrounding the balance between necessary regulation for public safety and the overreach of state laws into personal rights.