Filed Bills, 2013 – Safely Reducing Incarceration

TCJC is following several key bills related to safely reducing incarceration, which we have categorized into various topic areas below:

Allow Victim-Offender Mediation at the Victim’s Request and with District Attorney Approval

BILL NUMBER: HB 167 (McClendon; Craddick; Perry)
Bill Caption: Relating to the establishment, operation, and funding of victim-offender mediation programs; authorizing a fee.
TCJC Materials: Fact Sheet | Testimony (House) | Testimony (Senate)

BILL NUMBER: HB 2544 (Rose)
Bill Caption: Relating to victim-offender mediation services offered by the victim services division of the Texas Department of Criminal Justice.

Strengthen the State's Probation System

BILL NUMBER: HB 2653 (Allen)
Bill Caption: Relating to the establishment of a procedure for providing incentives for or imposing intermediate sanctions on a person who violates certain conditions of community supervision.
TCJC Materials: Fact Sheet | Testimony

BILL NUMBER: SB 358 (Hinojosa)
Bill Caption:
Relating to the use of a polygraph statement as evidence that a defendant or releasee from the Texas Department of Criminal Justice has violated a condition of release.
TCJC Action: Card in Support (Senate) | Oral Testimony (House)
Bill Summary: Click here
Outcome: Effective Immediately, 6/14/13

Incentivize or Utilize Probation Over a State Jail Term for Greater Rehabilitative Success

BILL NUMBER: HB 1790 (Longoria; Thompson, Senfronia; Burnam; Hughes; Rose)
Bill Caption: Relating to certain procedures for defendants who successfully complete a period of state jail felony community supervision.
TCJC Materials: Fact Sheet | Testimony (House) | Testimony (Senate)

BILL NUMBER: HB 2417 (Burnam)
Bill Caption: Relating to the procedures applicable to state jail felony community supervision and to the punishment prescribed for certain state jail felonies.

BILL NUMBER: HB 2736 (White)
Bill Caption: Relating to the placement on community supervision of certain defendants convicted of a state jail felony.
TCJC Materials: Testimony

BILL NUMBER: HB 2803 (Toth; Burnam)
Bill Caption: Relating to the procedures applicable to state jail felony community supervision and to the punishment prescribed for certain state jail felonies.
TCJC Materials: Testimony

BILL NUMBER: SB 1173 (West)
Bill Caption: Relating to procedures for the sentencing and placement on community supervision of defendants charged with the commission of a state jail felony.
TCJC Materials: Testimony
Bill Summary: Click here
Outcome: Effective on 9/1/13

Study Other Ways to Improve the State Jail System

BILL NUMBER: HB 2734 (White)
Bill Caption: Relating to the establishment of the Texas State Jail Committee to study and make recommendations concerning the state jail system.
TCJC Materials: Testimony

Reduce Penalties for Certain Drug Offenses, Property Offenses, and Prostitution

BILL NUMBER: HB 182 (Dutton)
Bill Caption:
Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.

BILL NUMBER: HB 184 (Dutton; Burnam)
Bill Caption:
Relating to the penalties for possession of one ounce or less of marihuana or a synthetic cannabinoid by certain defendants.

BILL NUMBER: HB 1069 (McClendon)
Bill Caption: Relating to the classification of certain misdemeanor and felony theft offenses.
TCJC Action: Card in Support

BILL NUMBER: HB 1417 (Thompson, Senfronia)
Bill Caption:
Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.
TCJC Materials: Testimony

BILL NUMBER: HB 2044 (Turner, Sylvester; Burnam; Wu)
Bill Caption:
Relating to the criminal consequences for the manufacture, delivery, or possession of certain small amounts of Penalty Group 1 controlled substances.

BILL NUMBER: HB 2045 (Turner, Sylvester)
Bill Caption:
Relating to the penalty for the manufacture, delivery, or possession of certain small amounts of Penalty Group 1 controlled substances.

BILL NUMBER: HB 2801 (Johnson)
Bill Caption:
Relating to the punishment for the offense of prostitution.
TCJC Materials: Fact Sheet

BILL NUMBER: HB 2849 (White)
Bill Caption:
Relating to the punishment for certain offenses against property or against public administration.
TCJC Materials: Fact Sheet

BILL NUMBER: HB 2914 (Thompson, Senfronia)
Bill Caption:
Relating to the penalty for possession of certain small amounts of controlled substances in Penalty Group 1.
TCJC Materials: Testimony

BILL NUMBER: HB 3494 (Moody; Rodriguez, Justin)
Bill Caption:
Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.
TCJC Materials: Fact Sheet | Testimony

BILL NUMBER: SB 1291 (Ellis)
Bill Caption:
Relating to the penalty for possession of certain small amounts of Penalty Group 1 controlled substances.
TCJC Materials: Fact Sheet

BILL NUMBER: SB 1712 (Rodríguez)
Bill Caption:
Relating to the punishment for the offense of prostitution.
TCJC Materials: Fact Sheet

Effectively Address Drug and Alcohol Offenses

BILL NUMBER: HB 24 (Martinez Fischer)
Bill Caption: Relating to the appointment and duties of and the funding for a policy director for the prevention of driving while intoxicated; imposing a fee.

BILL NUMBER: HB 255 (Miles)
Bill Caption: Relating to mandatory supervision for certain offenses involving the possession of a controlled substance.

BILL NUMBER: HB 2881 (Toth)
Bill Caption:
Relating to the creation of the Task Force to Reduce Habitual Incidents of Driving While Intoxicated.
TCJC Materials: Fact Sheet | Testimony

BILL NUMBER: HB 3336 (Hughes)
Bill Caption:
Relating to a judge’s findings when sentencing persons convicted of certain drug possession offenses to a term of confinement.
TCJC Materials: CSBH 3336 Testimony

BILL NUMBER: SB 90 (Ellis)
Bill Caption:
Relating to community supervision for certain drug possession offenses.
TCJC Materials: Fact Sheet

Effectively Address Graffiti

BILL NUMBER: HB 3494 (Moody; Rodriguez, Justin)
Bill Caption:
Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.
TCJC Materials: Fact Sheet | Testimony

Effectively Address Prostitution

BILL NUMBER: HB 2801 (Johnson)
Bill Caption:
Relating to the punishment for the offense of prostitution.
TCJC Materials: Fact Sheet

BILL NUMBER: HB 2863 (Carter)
Bill Caption:
Relating to the offense of prostitution, the defendants eligible for participation in a first offender prostitution prevention program, and certain procedures for the provision of services under the program.
TCJC Materials: Fact Sheet

BILL NUMBER: HB 3377 (Turner, Sylvester)
Bill Caption:
Relating to the creation of a prostitution prevention program; authorizing a fee.
TCJC Materials: Fact Sheet

BILL NUMBER: SB 484 (Whitmire)
Bill Caption:
Relating to the creation of a prostitution prevention program; authorizing a fee.
TCJC Action: Oral Testimony
Bill Summary: Click here
Outcome: Effective on 9/1/13

BILL NUMBER: SB 1712 (Rodríguez)
Bill Caption
: Relating to the punishment for the offense of prostitution.
TCJC Materials: Fact Sheet

Expand Mental Health Beds and Access to Treatment

BILL NUMBER: HB 39 (Menéndez)
Bill Caption: Relating to extending a local behavioral health intervention pilot project.

BILL NUMBER: HB 205 (McClendon; Kolkhorst; Burkett; Davis, John; Rose)
Bill Caption:
Relating to the allocation of outpatient mental health services and beds in certain mental health facilities and the commitment of certain persons to receive mental health services.

BILL NUMBER: HB 1856 (Burkett)
Bill Caption:
Relating to the authority of a mental health facility to require a peace officer to transport a person apprehended for emergency detention to a medical facility to receive a medical evaluation before being transported to the mental health facility.

BILL NUMBER: SB 36 (Zaffirini)
Bill Caption:
Relating to the detention and transportation of a person with a mental illness.
TCJC Action: Card in Support

Improve Information about Mental Heath and Substance Abuse Programs

BILL NUMBER: SB 126 (Nelson)
Bill Caption:
Relating to the creation of a mental health and substance abuse public reporting system.
TCJC Materials: Fact Sheet | Testimony
Bill Summary: Click here
Outcome: Effective on 9/1/13

Improve the Operation and Outcomes of Specialty Courts

BILL NUMBER: SB 462 (Huffman)
Bill Caption:
Relating to specialty court programs in this state.
TCJC Materials: Fact Sheet | Testimony (Senate) | Testimony (House)
Bill Summary: Click here
Outcome: Effective on 9/1/13

Safely Reduce County Jail Populations

BILL NUMBER: HB 2405 (Wu; Rodriguez, Eddie; Naishtat)
Bill Caption:
Relating to county reports regarding the implementation of cite and release provisions by local law enforcement agencies.

Reduce Costly Offense-Related Fees or Surcharges that Pose Difficulties for Many Individuals

BILL NUMBER: SB 787 (Hinojosa)
Bill Caption:
Relating to the amount of a surcharge assessed on conviction of certain offenses relating to the operating of a motor vehicle while intoxicated against the driver’s license of certain persons who complete a drug court program or an alcohol or drug treatment program.

BILL NUMBER: SB 1096 (Hinojosa)
Bill Caption:
Relating to the monthly fee a defendant must pay during a period of community supervision.
TCJC Action: Card in Support (Senate) | Oral Testimony (House)
Bill Summary: Click here
Outcome: Effective on 9/1/13

Construe Criminal Statutes with Various Interpretations in Favor of the Individual vs. the State

BILL NUMBER: HB 2568 (Workman)
Bill Caption:
Relating to strict construction of statutes that create or define criminal offenses and penalties.

Create a Sentencing Commission and a Commission to Study Penal Laws

BILL NUMBER: HB 990 (Thompson, Senfronia)
Bill Caption:
Relating to the establishment of a sentencing policy, accountability, and review council to develop means to assess the effect of sentencing practices and policies on state correctional resources and improve the efficiency of the state criminal justice system, to develop a plan regarding the prosecution of certain child offenders, and to review certain penal laws.
TCJC Materials: Fact Sheet | Testimony

BILL NUMBER: HB 2804 (Toth)
Bill Caption:
Relating to the creation of a commission to review certain penal laws of this state.
TCJC Action: Oral Testimony

Repeal Texas’ Driver Responsibility Program to Reduce Unnecessary Jail Stays for Failure to Pay High Surcharges

BILL NUMBER: HB 104 (Gonzales, Larry; Burnam; Allen; Turner, Sylvester; Giddings)
Bill Caption:
Relating to surcharges associated with and the enforcement of the driver responsibility program.
TCJC Materials: Fact Sheet | Testimony

BILL NUMBER: HB 790 (Turner, Sylvester)
Bill Caption:
Relating to the repeal of the driver responsibility program.
TCJC Materials: Testimony