Texas House Bill HB3816

Texas 2023 - 88th Regular

• Filed: 3/7/23
• Out of House Committee: 5/6/23
• Voted on by House: 5/12/23

Caption

Relating to the use of metal or body armor while committing an offense; increasing a criminal penalty.

Impact

If enacted, HB 3816 will specifically affect the legal framework surrounding misdemeanor and felony offenses in Texas. The bill provides clearer guidelines on the use of armor during criminal activities and enhances accountability for offenders who attempt to conceal their identity or engage in more dangerous behavior while protected by such armor. The anticipated outcome is an increase in law enforcement capabilities when addressing serious offenses, as the law now stresses the potential dangers posed by individuals armed with body armor during their commission of crimes.

Summary

House Bill 3816 seeks to increase the penalties for individuals who commit crimes while using body armor or metal armor. The bill amends the Code of Criminal Procedure and the Penal Code to establish a process whereby judges must make an affirmative finding if such armor is used in the commission of an offense. This heightened finding will result in an increase in the severity of the punishment assigned to the offense, moving it up to the next highest category, except for Class A misdemeanors, which would have a minimum confinement term of 180 days. The provisions of the bill will take effect from September 1, 2023, applying specifically to offenses committed after this date.

Sentiment

The sentiment around HB 3816 appears mainly supportive, particularly among law enforcement and public safety advocates who argue that the bill provides necessary tools to enhance the legal system's response to violent crimes. However, there are concerns raised by some members about the implications of increased penalties possibly leading to disproportionate sentences or punitive measures that do not consider the circumstances surrounding each case. Nevertheless, most discussions reflect an understanding of the need for stricter laws in light of rising safety concerns.

Contention

Notable points of contention surrounding HB 3816 include the balance between ensuring public safety and the risk of over-penalizing individuals. Critics worry that the heightened penalties may not address the root causes of crime and could contribute to an already overburdened criminal justice system. The discussions also noted the importance of considering individual cases, as mandatory penalties could lead to issues where appropriate discretion is not exercised by the judiciary. The bill has sparked debate on how best to protect public safety without infringing on individual rights.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
  • Section: New Section
  • Section: New Section
  • Section: New Section

Penal Code

• Chapter 12. Punishments
  • Section: New Section
  • Section: New Section
  • Section: New Section