Relating to the admissibility of certain evidence relating to climate change or global warming in certain criminal cases.
Impact
The introduction of HB 420 impacts existing laws under Chapter 38 of the Code of Criminal Procedure by adding Article 38.51. This change effectively limits the evidentiary reach regarding climate change discussions in courtrooms across Texas, thereby altering how such matters are approached in upcoming trials. The law is designed to take effect from September 1, 2017, specifically applying to criminal cases where the voir dire examination begins after that date. This provision intends to ensure fair trials where unrelated beliefs do not influence judicial outcomes.
Summary
House Bill 420 aims to establish provisions regarding the admissibility of evidence related to climate change and global warming in certain criminal cases. Specifically, the bill stipulates that any theories, beliefs, or statements made by a defendant concerning climate change or global warming cannot be used as proof of an element in offenses that involve fraud or any false or misleading statements. The intent of the bill is to protect defendants from having their personal beliefs about climate change prejudge their cases, especially in fraud-related charges.
Contention
One notable point of contention surrounding HB 420 is the broader implications it has for the intersection of climate science and judicial proceedings. Advocates argue that this bill is necessary to prevent the misuse of climate-related discussions to undermine a defendant's position in cases of fraud. However, opponents may view this move as an attempt to diminish accountability in scenarios where environmental factors may be relevant to criminal behavior, thereby raising ethical questions about the implications of excluding relevant evidence based on the theme of climate change.
Relating to increasing the criminal penalties for certain repeat sex offenders and to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of certain sexual and assaultive offenses.
Relating to the sealing of and discovery procedures relating to certain recordings of children constituting evidence in a criminal case in a criminal hearing or proceeding; creating a criminal offense.
Relating to admissibility and disclosure of certain evidence in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.
Relating to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of sexual assault or aggravated sexual assault or an attempt or conspiracy to commit sexual assault or aggravated sexual assault.