Relating to creating the criminal offense of tampering with an electronic monitoring device.
The implementation of HB 2984 is expected to significantly alter the landscape of monitoring within Texas's criminal justice system. By converting what was traditionally treated as a technical violation of parole into a criminal offense, the bill underscores the seriousness with which lawmakers view violations of electronic monitoring conditions. This legislative change aims to deter individuals from tampering with tracking devices and improve compliance with monitoring programs, thereby enhancing overall public safety.
House Bill 2984 introduces a new criminal offense relating to the tampering of electronic monitoring devices. Specifically, it criminalizes the act of knowingly removing or disabling a tracking device that an individual is required to wear as part of an electronic monitoring program, which may be mandated by community supervision, parole, or other judicial processes. Under the proposed bill, such tampering would typically be classified as a state jail felony, and a more severe penalty would apply if the individual is enrolled in a super-intensive supervision program.
The sentiment surrounding HB 2984 appears moderately supportive, with various stakeholders expressing their concern over previous leniency regarding monitoring violations. Testimonies presented during the discussions reflect a belief that the criminal repercussions imposed by the bill are necessary to promote adherence to the terms of supervision. However, there are also voices of caution, highlighting potential issues related to the automatic classification of such actions as felonies and the implications this may have for affected individuals and reintegration efforts.
While there is a general consensus on the necessity for a robust response to tampering with monitoring devices, discussions have surfaced regarding the potential for unintended consequences. Concerns were raised about the bill's capability to create barriers for individuals trying to rehabilitate and reintegrate into society if they face felony charges for actions that may not have stemmed from malice. As the bill progresses, there is a call for a careful balance between enforcing accountability and ensuring fair treatment of those under supervision.
Penal Code
Government Code
Code Of Criminal Procedure