Texas House Bill HB361

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 4/14/23
• Voted on by House: 5/12/23

Caption

Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.

Impact

If enacted, HB 361 would amend the Code of Criminal Procedure, adding provisions that require the courts to give priority to a defendant's status as a primary caretaker. This means that judges must consider this status when deciding on sentencing options, potentially leading to more defendants receiving supervised community arrangements rather than imprisonment. Advocates believe this change could positively impact families and reduce the negative consequences of incarceration on children, as primary caretakers would have the opportunity to maintain their roles within their families during and after sentencing.

Summary

House Bill 361, introduced by Representative Thompson, aims to modify how community supervision is administered for defendants who are primary caretakers of children. The bill specifically provides criteria for courts to consider a defendant's status as a primary caretaker when determining placement in community supervision, including options for deferred adjudication. This approach is intended to acknowledge the unique circumstances of caretakers and promote the welfare of children by minimizing disruptions to their home life due to a parent's legal issues.

Sentiment

The sentiment around HB 361 appears largely positive among supporters who argue for reform within the criminal justice system to better support families. Testimony in committee hearings emphasized the importance of keeping families together and mitigating the social impacts of incarceration on children. However, there may be concerns from those who worry that the bill could be abused or that it does not adequately address the underlying issues that lead to criminal behavior in the first place.

Contention

Notable points of contention include concerns about the practical application of the bill and how judges will determine what constitutes a 'primary caretaker.' Some lawmakers and community organizations may question whether the bill sufficiently safeguards against individuals who might exploit their status for leniency. Furthermore, there may be discussions regarding the resources required to implement supportive programs for caretakers under community supervision, including how these programs will be funded and managed effectively.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
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