BILL ANALYSIS H.B. 3464 By: Kacal Corrections Committee Report (Unamended) BACKGROUND AND PURPOSE The Texas Department of Criminal Justice has expressed concern that tablets, given to inmates in correctional facilities, are being altered or modified by the inmates. Currently, there is ambiguity in the law with respect to penalties for inmates who modify, or "jailbreak" tablet devices in a correctional facility. H.B. 3464 seeks to address this issue by creating a clear and concise offense for confined individuals who alter issued technology devices. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 3464 amends the Penal Code to create the third degree felony offense of tampering with a correctional facility tablet device for a person who alters, modifies, or breaches the security, programming, or operating system of a tablet device provided to the person by a correctional facility operator while the person is confined in a municipal or county jail, a confinement facility operated by the Texas Department of Criminal Justice (TDCJ) or under contract with any division of TDCJ, a secure correctional facility, or a secure detention facility. EFFECTIVE DATE September 1, 2023.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 3464
By: Kacal
Corrections
Committee Report (Unamended)
H.B. 3464
By: Kacal
Corrections
Committee Report (Unamended)
BACKGROUND AND PURPOSE The Texas Department of Criminal Justice has expressed concern that tablets, given to inmates in correctional facilities, are being altered or modified by the inmates. Currently, there is ambiguity in the law with respect to penalties for inmates who modify, or "jailbreak" tablet devices in a correctional facility. H.B. 3464 seeks to address this issue by creating a clear and concise offense for confined individuals who alter issued technology devices.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 3464 amends the Penal Code to create the third degree felony offense of tampering with a correctional facility tablet device for a person who alters, modifies, or breaches the security, programming, or operating system of a tablet device provided to the person by a correctional facility operator while the person is confined in a municipal or county jail, a confinement facility operated by the Texas Department of Criminal Justice (TDCJ) or under contract with any division of TDCJ, a secure correctional facility, or a secure detention facility.
EFFECTIVE DATE September 1, 2023.
BACKGROUND AND PURPOSE
The Texas Department of Criminal Justice has expressed concern that tablets, given to inmates in correctional facilities, are being altered or modified by the inmates. Currently, there is ambiguity in the law with respect to penalties for inmates who modify, or "jailbreak" tablet devices in a correctional facility. H.B. 3464 seeks to address this issue by creating a clear and concise offense for confined individuals who alter issued technology devices.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 3464 amends the Penal Code to create the third degree felony offense of tampering with a correctional facility tablet device for a person who alters, modifies, or breaches the security, programming, or operating system of a tablet device provided to the person by a correctional facility operator while the person is confined in a municipal or county jail, a confinement facility operated by the Texas Department of Criminal Justice (TDCJ) or under contract with any division of TDCJ, a secure correctional facility, or a secure detention facility.
EFFECTIVE DATE
September 1, 2023.