Texas Senate Bill SB1436

Texas 2017 - 85th Regular

Caption

Relating to the punishment for the offense of injury to a child, elderly individual, or disabled individual and creating the offense of continuous injury to a child, elderly individual, or disabled individual.

Impact

Upon enactment, SB1436 amends the Texas Penal Code by creating stricter punishments for injury offenses towards vulnerable individuals. It elevates certain offenses from a third-degree felony to a first-degree felony under particular circumstances, such as when the victim is under six years old or when the offender has a prior conviction. This shift is intended to deliver harsher penalties as a deterrent against abuse, emphasizing the state's commitment to safeguarding the most vulnerable members of society.

Summary

SB1436 addresses serious offenses related to the injury of vulnerable populations including children, elderly individuals, and disabled individuals. The bill introduces a new offense termed 'continuous injury,' which applies when an individual engages in multiple instances of injurious conduct over a span of 30 days to less than five years against one or more victims, enhancing the legal framework to better protect these groups. This legislative measure strengthens prosecution capabilities by specifying conditions under which crimes are to be charged and stipulating penalties for offenders that considerably increase depending on the severity and circumstances of the offense.

Contention

The introduction of SB1436 has raised discussions regarding the balance between implementing necessary legal protections and the implications for defendants facing serious charges over ambiguous criteria. Critics may argue that the non-unanimous agreement clause for juries could potentially lead to wrongful convictions or misunderstandings within jury deliberations. Additionally, the bill's provisions may be scrutinized for how they impact legal definitions and the handling of cases involving vulnerable populations, advocating for careful consideration of due process rights amidst heightened enforcement measures.