Texas 2023 - 88th 4th C.S.

Texas Senate Bill SB46

Filed

12/1/23

Out of Senate Committee

Voted on by Senate

Out of House Committee

Voted on by House

Governor Action

Bill Becomes Law

Caption

Relating to increasing the criminal penalty for the offense of criminal mischief involving tampering with a state-owned barrier or part of a barrier used to prevent travel across the international border of this state.

Impact

If enacted, SB46 would significantly modify existing statutes concerning criminal mischief by including harsher penalties for actions specifically involving state-owned barriers. The bill underscores the state's commitment to enforcing border security measures, aligning with current policy priorities. Increased penalties could lead to a greater deterrent effect on potential offenders, thus impacting local law enforcement dynamics concerning border security incidents. Additionally, the implications of the bill may extend to local jurisdictions that manage or interact with state-owned barriers, placing more emphasis on vigilance and enforcement in these areas.

Summary

SB46 addresses the issue of criminal mischief related to state-owned barriers intended to prevent unauthorized travel across the international border of Texas. This bill proposes an increase in criminal penalties for tampering with such barriers, which are critical for state security and regulation of border crossings. The legislation is aimed at deterring actions that may compromise the effectiveness of these barriers and reflects a broader concern over border security within the state. Proponents argue that a stricter penalty will send a strong message about the significance of maintaining the integrity of state borders.

Sentiment

The sentiment surrounding SB46 appears generally supportive among those who prioritize border security and law enforcement enhancements. Legislators advocating for the bill emphasize the necessity of tough measures to protect state infrastructures from vandalism or tampering. Conversely, there may be concerns from civil liberties advocates regarding the potential for overreach in penalties that could disproportionately affect marginalized communities or criminalize behavior that might stem from non-malicious intentions. Overall, the discussion reflects a nuanced dialogue on balancing security needs with community considerations.

Contention

Notable points of contention surrounding SB46 may revolve around the appropriateness of the increased penalties and the definitions of criminal mischief as it pertains to state-owned barriers. Critics could argue that elevating the punishment could lead to unjust outcomes for individuals charged under the expanded definitions. Additionally, there may be debates regarding whether the current penalties were insufficient or whether increased penalties adequately address the underlying issues of border security. The bill's introduction could spark discussions about the broader implications of punitive measures in managing border activities and the effectiveness of such strategies in improving state security.

Texas Constitutional Statutes Affected

Penal Code

Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
- Section: 03

Companion Bills

No companion bills found.

Previously Filed As

TX HB1833

Relating to increasing the criminal penalty for the offense of criminal mischief involving a public power supply.

TX SB467

Relating to increasing the criminal penalty for the offense of criminal mischief involving impairment of a motor fuel pump.

TX SB973

Relating to increasing criminal penalties for the offense of criminal mischief involving certain damage to residential gas meters.

TX HB650

Relating to increasing the criminal penalty for the offense of criminal mischief involving the damage or destruction of a public monument or a place of worship.

TX SB465

Relating to certain criminal conduct involving a catalytic converter; creating a criminal offense; increasing criminal penalties.

TX SB224

Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.

TX HB4598

TX SB1427

Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.

TX HB1402

Relating to the criminal penalties for certain criminal offenses.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.