Relating to a defendant's eligibility for reduction or termination of community supervision.
Impact
The changes introduced by HB 357 will specifically impact individuals who are placed on community supervision for offenses committed after the effective date of the act. Such individuals would have to meet certain criteria to be eligible for a reduction or termination of their supervision, particularly those convicted of offenses that require registration as a sex offender or those defined by the Penal Code under Sections 49.04-49.08, barring successful completion of a veterans treatment court program. The bill thereby aims to ensure that those with specific serious offenses are monitored instead of being swiftly granted relief from supervision.
Summary
House Bill 357 addresses the eligibility of defendants for reduction or termination of community supervision. The bill modifies the Code of Criminal Procedure, specifically Article 42A.701, establishing conditions under which certain defendants, particularly those convicted of specific offenses, may not benefit from reductions or terminations in their community supervision status. This legislation represents a notable shift in how the state handles community supervision for individuals based on their offense history.
Contention
Discussion surrounding HB 357 may raise points of contention regarding its implications for criminal justice reform and rehabilitation opportunities. Advocates for reducing barriers to termination of community supervision argue that the bill could hinder reintegration efforts for those seeking to rebuild their lives post-conviction. Conversely, supporters of the bill assert that stricter regulations are necessary for certain offenses to maintain public safety. The debate is likely to focus on balancing the need for public safety with the principle of rehabilitation in the criminal justice system.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 42. Judgment And Sentence
Section: New Section
Penal Code
Chapter 49. Intoxication And Alcoholic Beverage Offenses
Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.
Relating to increasing criminal penalties for the manufacture or delivery of certain controlled substances; changing the eligibility for community supervision, deferred adjudication community supervision, or mandatory supervision.
Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.