Texas House Bill HB1402

Texas 2023 - 88th Regular

• Filed: 1/18/23

Caption

Relating to the criminal penalties for certain criminal offenses.

Impact

If enacted, this legislation could significantly alter the landscape of theft-related criminal law in Texas. It aims to establish a clearer structure for law enforcement and judicial processes regarding property crimes, making it easier to determine the appropriate penalties based on crime severity and past offender behavior. Additionally, by clarifying these classifications, HB1402 could influence how prosecutors approach theft cases, as well as the strategies employed by defense attorneys.

Summary

House Bill 1402 proposes amendments to the Penal Code addressing the classification and penalties related to specific criminal offenses, notably in the areas of theft and property crimes. The bill seeks to clarify and modify the existing framework by redefining the thresholds for various degrees of theft offenses, which is intended to align penalties more closely with the severity of each crime. These classifications include specific categorizations of misdemeanors and felonies based on the value of stolen property, with outlined consequences that escalate depending on prior convictions.

Sentiment

The sentiment surrounding HB1402 appears to be mixed. Supporters advocate for the need for more stringent penalties on repeat offenders, arguing that increased penalties are essential to deter criminal activities and protect property rights. Conversely, there are concerns regarding the potential for over-criminalization and the increased burden on the judicial system, suggesting that an inflexible structure could lead to disproportionate sentences for lesser crimes.

Contention

Notable points of contention include discussions about the adequacy of the proposed penalties relative to the socioeconomic factors that often contribute to property crimes. Critics argue that strict enforcement of penalties may not address the underlying causes of theft and could disproportionately affect lower-income individuals, who may commit crimes out of economic necessity. This aspect of the debate highlights the tension between public safety and social equity within legal frameworks addressing crime.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: 134
  • Section: 121
  • Section: 126
  • Section: 129
  • Section: 115
  • Section: 1151
  • Section: 116

Labor Code

• Chapter 306. Project Rio (reintegration Of Offenders)
  • Section: 007

Government Code

• Chapter 76. Community Supervision And Corrections Departments
  • Section: 010

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: 172

• Chapter 501. Inmate Welfare
  • Section: New Section

• Chapter 493. Texas Department Of Criminal Justice: Organization
  • Section: New Section

Local Government Code

• Chapter 244. Location Of Certain Facilities And Shelters
  • Section: 006

Penal Code

• Chapter 43. Public Indecency
  • Section: New Section

• Chapter 12. Punishments
  • Section: 42

• Chapter 32. Fraud
  • Section: 32