Relating to creating the criminal offense of tampering with an electronic monitoring device and to certain consequences on conviction of that offense.
By implementing stricter penalties for tampering with electronic monitoring devices, SB1004 seeks to create a more effective deterrent against such actions. Supporters, including representatives from the Texas Department of Criminal Justice and law enforcement agencies, argue that the enforcement of this bill will not only hold offenders accountable but also enhance overall community safety by ensuring that individuals under supervision remain monitored. The bill has garnered broad support, passing the Senate and House with minimal opposition, indicating a strong legislative push towards reforming parole protections and improving monitoring compliance.
Senate Bill 1004, sponsored by Senator Huffman, proposes the creation of a new criminal offense relating to the tampering of electronic monitoring devices such as ankle monitors. The bill specifically targets individuals who are required to wear these devices as a condition of parole, community supervision, or bail. Under the new legislation, knowingly removing or disabling such a device would constitute a state jail felony, increasing in severity to a third-degree felony for individuals in a super-intensive supervision program. This legislative change aims to address the perceived inadequacies in current laws, where tampering was merely a technical violation rather than a criminal act, thereby enhancing accountability and public safety.
The sentiment surrounding SB1004 has been overwhelmingly positive among its proponents, who view it as a necessary step to enhance public safety and support law enforcement efforts. Testimony from various stakeholders has emphasized the urgency for such legislation, highlighting the increasing instances of individuals tampering with monitoring devices and the subsequent risks to community safety. However, there remains a cautious outlook among some advocates for fairness in enforcement, ensuring that the law does not disproportionately impact certain demographics. Overall, the bill reflects a growing consensus on the importance of accountability in electronic monitoring.
While the bill appears to have strong support, potential points of contention revolve around the implications for enforcement equity and the rights of individuals under supervision. Concerns have been raised regarding how the law will be applied and whether it could lead to harsher penalties for certain groups. Additionally, there is the question of whether the legislation adequately considers medical exceptions for the removal of devices by healthcare providers in emergency situations. As SB1004 is set to take effect in September 2023, these considerations will likely continue to be discussed in the context of best practices for enforcing electronic monitoring.
Penal Code
Code Of Criminal Procedure
Government Code