Texas 2023 - 88th Regular

Texas House Bill HB65

Filed
11/14/22  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the prosecution and punishment of certain criminal offenses committed in the course of or for the purpose of avoiding certain law enforcement checkpoints or evading an arrest or detention; increasing criminal penalties.

Impact

If enacted, HB65 would alter the legal landscape concerning law enforcement interactions with the public. The bill's increased penalties would serve as a deterrent against evasion of law enforcement, purportedly enhancing the ability of police to perform their duties without interference. However, the measure raises questions about its effectiveness and potential ramifications for community relations, as critics fear it may deepen suspicions between law enforcement and the public, particularly in areas with strained relations due to discussions around immigration and policing.

Summary

House Bill 65 aims to significantly increase the penalties associated with certain criminal offenses, especially those committed with the intent to evade law enforcement checkpoints or during arrests. The bill specifically amends various sections of the Texas Penal Code to elevate the punishments for misdemeanors and state jail felonies to felonies of the third degree when the offense is committed to avoid law enforcement action. This change is positioned as a response to ongoing concerns regarding law enforcement practices and the challenges of maintaining order, particularly along the southern border of Texas.

Sentiment

The sentiment surrounding HB65 appears to be mixed, with supporters arguing that it is necessary to uphold law and order, while opponents express concerns about overreach and potential collateral damage to everyday citizens. Advocates believe that raising penalties will discourage individuals from evading checkpoints and reinforce respect for law enforcement, yet critics warn that the bill could lead to inappropriate legal consequences for innocent actions, particularly in areas where checkpoint presence is prevalent.

Contention

Notable points of contention include fears that the heightened penalties may adversely affect lower-income individuals and communities who might find themselves disproportionately targeted by law enforcement under this new framework. Critics highlight the danger of enacting laws that may enable over-policing and advise that any measures should include safeguards to protect the rights of citizens. The debate reflects broader tensions in Texas regarding law enforcement practices, personal freedoms, and the balance between community safety and civil liberties.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: 05
    • Section: 05
  • Chapter 22. Assaultive Offenses
    • Section: New Section
    • Section: New Section
  • Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
    • Section: New Section
    • Section: New Section
  • Chapter 30. Burglary And Criminal Trespass
    • Section: New Section
    • Section: 04
    • Section: 05
    • Section: New Section
    • Section: 04

Companion Bills

TX SB1620

Identical Relating to the prosecution and punishment of certain criminal offenses committed in the course of or for the purpose of unlawfully entering the United States, unlawfully bypassing certain law enforcement checkpoints, or evading an arrest or detention; increasing criminal penalties.

Similar Bills

No similar bills found.