By: Workman (Senate Sponsor - Burton) H.B. No. 1396
(In the Senate - Received from the House May 14, 2015;
May 15, 2015, read first time and referred to Committee on Criminal
Justice; May 22, 2015, reported favorably by the following vote:
Yeas 6, Nays 1; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the construction of certain statutes and rules that
create or define criminal offenses and penalties and a review of
certain penal laws of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 311, Government Code, is
amended by adding Section 311.035 to read as follows:
Sec. 311.035. CONSTRUCTION OF STATUTE OR RULE INVOLVING
CRIMINAL OFFENSE OR PENALTY. (a) In this section, "actor" and
"element of offense" have the meanings assigned by Section 1.07,
Penal Code.
(b) Except as provided by Subsection (c), a statute or rule
that creates or defines a criminal offense or penalty shall be
construed in favor of the actor if any part of the statute or rule is
ambiguous on its face or as applied to the case, including:
(1) an element of offense; or
(2) the penalty to be imposed.
(c) Subsection (b) does not apply to a criminal offense or
penalty under the Penal Code or under the Texas Controlled
Substances Act.
(d) The ambiguity of a part of a statute or rule to which
this section applies is a matter of law to be resolved by the judge.
SECTION 2. (a) A commission is created to study and review
all penal laws of this state other than criminal offenses:
(1) under the Penal Code;
(2) under Chapter 481, Health and Safety Code; or
(3) related to the operation of a motor vehicle.
(b) The commission shall:
(1) evaluate all laws described by Subsection (a) of
this section; and
(2) make recommendations to the legislature regarding
the repeal of laws that are identified as being unnecessary,
unclear, duplicative, overly broad, or otherwise insufficient to
serve the intended purpose of the law.
(c) The commission is composed of nine members appointed as
follows:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house
of representatives;
(4) two members appointed by the chief justice of the
Supreme Court of Texas; and
(5) one member appointed by the presiding judge of the
Texas Court of Criminal Appeals.
(d) The officials making appointments to the commission
under Subsection (c) of this section shall ensure that the
membership of the commission includes representatives of all areas
of the criminal justice system, including prosecutors, defense
attorneys, judges, legal scholars, and relevant business
interests.
(e) The governor shall designate one member of the
commission to serve as the presiding officer of the commission.
(f) A member of the commission is not entitled to
compensation or reimbursement of expenses.
(g) The commission shall meet at the call of the presiding
officer.
(h) Not later than November 1, 2016, the commission shall
report the commission's findings and recommendations to the
governor, the lieutenant governor, the speaker of the house of
representatives, the Supreme Court of Texas, the Texas Court of
Criminal Appeals, and the standing committees of the house of
representatives and the senate with primary jurisdiction over
criminal justice. The commission shall include in its
recommendations any specific statutes that the commission
recommends revising or repealing.
(i) Not later than November 1, 2015, the governor, the
lieutenant governor, the speaker of the house of representatives,
the chief justice of the Supreme Court of Texas, and the presiding
judge of the Texas Court of Criminal Appeals shall appoint the
members of the commission created under this section.
(j) The commission is abolished and this section expires
December 31, 2016.
SECTION 3. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commences before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.
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