Texas House Bill HB1391

Texas 2025 - 89th Regular

• Filed: 11/18/24

Caption

Relating to the prosecution and punishment of certain trafficking and sexual offenses; increasing criminal penalties; changing parole eligibility.

Impact

The modifications introduced by HB 1391 will have a significant impact on existing state laws regarding human trafficking and sexual offenses. The bill establishes harsher penalties which are intended to deter potential offenders and reflect a zero-tolerance approach to crimes involving the exploitation of individuals, particularly minors. Furthermore, it alters parole eligibility distances for individuals convicted of these felonies, making it more difficult for certain offenders to obtain parole, thereby extending their incarceration periods in alignment with the severity of their crimes.

Summary

House Bill 1391 focuses on increasing the criminal penalties associated with certain trafficking and sexual offenses in Texas. The bill proposes amendments to various sections of the Penal Code that delineate these offenses, most notably elevating specific offenses to capital felonies under certain circumstances. This includes instances where the victim is a minor or where serious bodily injury is inflicted, prompting a stronger legal stance against such crimes. By adjusting these classifications, the bill aims to provide more stringent repercussions for offenders and enhance the protection of vulnerable population segments, particularly children and individuals subjected to trafficking.

Contention

While the bill has garnered support from various advocacy groups focused on human rights and public safety, there are concerns raised regarding its implications for due process and the judicial system's handling of such serious allegations. Critics argue that increasing penalties may lead to disproportionate sentencing that does not account for individual circumstances, such as the motivations behind the offenses. The broader implications on parole eligibility also suggest a potential overcrowding of the prison system, raising questions about the bill’s long-term effectiveness and the burden it could place on state resources.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
  • Section: New Section

• Chapter 21. Sexual Offenses
  • Section: New Section

• Chapter 43. Public Indecency
  • Section: New Section
  • Section: 031
  • Section: 25

Government Code

• Chapter 508. Parole And Mandatory Supervision
  • Section: 145

Education Code

• Chapter 37. Discipline; Law And Order
  • Section: 086