Texas House Bill HB1390

Texas 2021 - 87th Regular

Caption

Relating to convictions considered for purposes of enhancing the punishment for certain intoxication offenses.

Impact

The implications of HB 1390 are significant for individuals with past intoxication-related convictions. By eliminating the possibility of punishment enhancement due to older convictions, the bill aims to alleviate some burdens on offenders whose past behaviors do not reflect their current actions. This adjustment could lead to a reduction in penalties for individuals who may have reformed since their earlier offenses and contribute positively to public safety and rehabilitation efforts.

Summary

House Bill 1390 addresses the protocols surrounding the enhancement of punishments for certain intoxication offenses under the Texas Penal Code. Specifically, the bill proposes an amendment to Section 49.09, stipulating that a conviction for offenses related to intoxication will not be considered for punishment enhancement if the conviction occurred more than ten years prior to the new offense. This change is crucial as it allows individuals with older convictions a chance to avoid elevated penalties when committing new offenses, focusing instead on more recent behaviors.

Contention

There may be concerns surrounding the effectiveness of this change in law. Proponents of HB 1390 argue that it provides a fairer approach to sentencing by allowing the legal system to focus on recent behavior rather than outdated actions. Conversely, opponents might worry that this could enable repeat offenders to evade appropriate penalties for their actions, potentially leading to increased harm in communities. Advocates for victims of intoxication offenses may raise alarms about ensuring that justice is served for individuals harmed by repeat intoxication-related offenses.