Texas 2025 - 89th Regular

Texas House Bill HB1871

Filed
1/15/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the punishment for the criminal offense of attempted capital murder of a peace officer; increasing a criminal penalty; changing eligibility for parole and mandatory supervision.

Impact

The modifications in HB 1871 bring about a substantial alteration to existing laws governing criminal penalties. The bill removes prior categorization of attempted capital murder as a lower-level felony and instead positions it among the most serious crimes, indicating only the most severe consequences for individuals attempting such acts against peace officers. Furthermore, it also modifies the provisions related to parole and mandatory supervision, making individuals ineligible for parole under certain serious offenses, which represents a tightening of the state's approach to punishment for grave offenses.

Summary

House Bill 1871 introduces significant changes regarding the legal ramifications associated with the offense of attempted capital murder of a peace officer. The bill seeks to escalate the severity of punishment for such offenses by classifying them as felonies of the first degree, which can lead to life imprisonment or a lengthy prison term of up to 99 years. This change reflects a keen focus on ensuring the safety and protection of peace officers who face dangerous situations while on duty, thereby underscoring the state's commitment to law enforcement personnel.

Sentiment

General sentiment surrounding HB 1871 appears to focus heavily on its implications for public safety and the protection of peace officers. Proponents argue that this bill sends a clear message that violence against law enforcement will not be tolerated, aiming to deter potential offenders through heightened penalties. However, there may also be underlying concerns regarding the potential for disproportionate impacts on vulnerable populations or the risk of harsher penalties affecting overall judicial practices and incarceration rates.

Contention

Notable points of contention could arise from discussions related to the appropriate balance between punishment and rehabilitation within the criminal justice system. Critics may voice concerns regarding the implications of heavy-handed penalties on systemic issues, such as over-incarceration and equal justice under law. The changes to parole eligibility could provoke debates about whether such measures truly enhance public safety or merely perpetuate cycles of incarceration without addressing the root causes of criminal behavior.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: New Section
  • Chapter 22. Assaultive Offenses
    • Section: New Section
  • Chapter 15. Preparatory Offenses
    • Section: 01
    • Section: 01

Government Code

  • Chapter 508. Parole And Mandatory Supervision
    • Section: 145
    • Section: 149
    • Section: 145
    • Section: 149
    • Section: 145
    • Section: 149

Code Of Criminal Procedure

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

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: 134
    • Section: 140
    • Section: 1123

Companion Bills

TX SB1272

Identical Relating to the punishment for the criminal offense of attempted capital murder of a peace officer; increasing a criminal penalty; changing eligibility for parole and mandatory supervision.

Similar Bills

No similar bills found.