Relating to the imposition of concurrent or consecutive sentences for certain convictions.
Impact
If enacted, HB 3779 would impact future criminal proceedings by establishing clearer guidelines for judges when determining whether sentences for certain offenses will run concurrently or consecutively. It also emphasizes that the law applies only to offenses committed after the effective date of this act, allowing those convicted before this date to be sentenced under the previous laws. This provision ensures that the bill does not retroactively affect individuals already sentenced, thereby protecting due process rights.
Summary
House Bill 3779 aims to amend the Texas Code of Criminal Procedure to modify the imposition of concurrent or consecutive sentences for specific convictions. The bill addresses the definition of a conviction to include instances where a defendant was found guilty or entered a guilty plea for an offense but was granted deferred adjudication community supervision. This change intends to clarify the circumstances under which a defendant is considered convicted for sentencing purposes, providing consistency in how sentences are adjudicated across similar cases.
Contention
There may be opposition to HB 3779, particularly concerning how it alters the treatment of defendants who receive deferred adjudication. Advocates for criminal justice reform might argue that the bill expands the definition of a conviction too broadly, potentially leading to harsher sentencing practices against individuals who might otherwise have been eligible for leniency under prior interpretations. Likewise, discussions around the implications of consecutive versus concurrent sentences could bring forth debates about fairness, the potential for increased incarceration rates, and the long-term impacts on individuals' lives.
Relating to the imposition of consecutive sentences for more than one criminal offense of injury to a child, elderly individual, or disabled individual arising out of the same criminal episode.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.
Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case and the review of certain convictions by the Board of Pardons and Paroles.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.