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Criminal Justice Reform Legislation


81st Legislative Session


We support fiscal and moral reform in our state’s criminal justice system with an emphasis on ending the death penaltyand supporting successful rehabilitation and reintegration for those re-entering society.

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Bill

Summary and Position

Resources

HB 138

This bill provides for salary increases for correctional officers.The TCC supports this bill, recognizing the importance of attracting and retaining qualified people for this position in order to improve the quality of services provided to offenders.

Policy Paper: Support increased funding for the community supervision and parole divisions of the TDCJ, including funding for the training and salaries of officers in those areas. 

HB 297 This bill provides for the abolition of the option of the death penalty for offenses committed after September 1, 2009. The TCC supports this bill because Texas now has the ability to effectively suppress crime by rendering criminals harmless without denying them their lives or the opportunity for reform.  Policy Paper: Support a moratorium on the death penalty in Texas
HB 304 Under current Texas law, known as the law of parties, if a capital crime occurs during an attempt to commit another felony, all conspirators in the non-capital felony are guilty of the felony actually committed, though having no intent to commit it. This bill would prevent the state from seeking the death penalty against in capital cases. The TCC supports this bill as it maximizes opportunity of rehabilitation for offenders and is a gradualistic approach to eliminating the death penalty in Texas. Letter on Behalf of Kenneth Foster

HB 354

This bill requires people with prior convictions to pass a drug test prior to receiving food stamps. The TCC opposes this bill because refusing to provide someone with food stamps not only affects the person applying, but may also limit the person's ability to provide food for his or her family which may mean that children or other dependents of the applicant are punished because of the applicant's actions.
HB 498
This bill would allow for the creation of an Innocence Commission to review post conviction exonerations to ascertain errors and defects in the criminal procedures and criminal justice system, and develop solutions, methods, procedures, and programs to prevent future wrongful convictions. The TCC supports the creation of an innocence commission to investigate and prevent wrongful convictions.
Policy Paper: Support the Creation of an Innocence Commission
HB 682 This bill prohibits the state from sentencing an individual judged guilty of committing a capital felony to death. The TCC supports this bill because Texas now has the ability to effectively suppress crime by rendering criminals harmless without denying them their lives or the opportunity for reform and therefore has no justifiable reason for giving anyone a death sentence.  Policy Paper: Support a moratorium on the death penalty in Texas
HB 788
This bill would allow for the creation of an Innocence Commission to review post conviction exonerations to ascertain errors and defects in the criminal procedures and criminal justice system, and develop solutions, methods, procedures, and programs to prevent future wrongful convictions. The TCC supports the creation of an innocence commission to investigate and prevent wrongful convictions. See SB 115.
Policy Paper: Support the Creation of an Innocence Commission

HB 877

This bill would allow for the creation of a commission to study capital punishment in Texas. The TCC supports because it would help identify aspects of the capital punishment process that need improving and also establish safeguards that ensure that law enforcement agencies and the criminal justice system fairly and accurately investigate, prosecute, and handle appeals of capital cases. This is a gradualistic approach to ending the death penalty in Texas.
HB 913
This bill would allow for the creation of a Texas Capital Punishment Commission. The Commission would study capital punishment in the state, specifically concentrating on issues relating to the legal representation of inmates in a capital case, the certainty of the guilt of individuals convicted in capital cases, and the sufficiency of appellate review of convictions in capital cases. The TCC supports this bill because it will allow for a review of the state capital punishment process, and also provide an opportunity to address inequities in the capital punishment process in the state. 
HB 1148
 
This bill would allow the Governor, upon approval of the Board of Pardons and Paroles, to grant one or more 30 day reprieves in capital cases.The TCC supports this bill because it allows multiple capital cases the opportunity for reprieve.  (See SB 169)
HB 1152
This bill would prevent a defendant who, at the time of the offense was mentally retarded, from being sentenced to death. The TCC supports this bill because Texas now has the ability to effectively suppress crime by rendering criminals harmless without denying them their lives or the opportunity for reform. (See SB 167)
Policy Paper: Support a ban on executions of people who were mentally retarded at the time of the offense.

HB 1711

This bill requires the Texas Department of Criminal Justice to establish a comprehensive reentry and reintegration plan for offenders released or discharged from a correctional facility. The TCC supports this bill because it will help assist offenders in reintegrating into society and will likely reduce recidivism. (See SB 1786)

HB 2058

This bill requires that attorneys appointed to serve as lead counsel for indigent defendants in capital cases have a higher standard of qualification, including proficiency and commitment to quality representation in death penalty cases. The TCC supports efforts to reduce the use of the death penalty through better representation of defendants. (See SB 1130)

Policy Paper: Support the creation of an Office of Capital writs to ensure that all people are given the opportunity to quality counsel

HB 2189

This bill requires that on a day of a scheduled execution, the court of criminal appeals and the clerk' office for the court must remain open until the execution has occurred, if the court has been notified that the attorney of the person scheduled to be executed will be filing a stay of execution. The TCC supports this bill as gradualistic approach to ending the death penalty in Texas, because it requires the court and clerk's office to consider and review all relevant information before allowing an execution to take place. Policy Paper: Support a moratorium on the death penalty in Texas

HB 2267

This bill prohibits the state from seeking the death penalty for someone who is found guilty in a capital felony case only as a party. Under the current "law of parties," a person who does not commit a capital felony but is found to have helped someone commit a capital felony can be sentenced to death, though they have not actually committed a murder. The TCC supports this bill because it, recognizing that the law of parties may incriminate people falsely, and as a gradualistic approach to ending the death penalty in this state. 

Letter on Behalf of Kenneth Foster

HB 3580                

This bill would allow for the creation of an Office of Capital writs. This Office would recommend individuals with proficiency and a commitment to providing quality representation to defendants in death penalty cases to the Court of Criminal Appeals. The TCC supports this bill, which will help ensure that all Texans receive quality counsel. (See SB 1091)

Policy Paper: Support the creation of an Office of Capital writs to ensure that all people are given the opportunity to quality counsel

HB 3653

This bill prohibits the use of restraints on a pregnant inmate during her transport to a medical facility,  as well as during her labor, delivery, or recovery from delivery, unless necessary for the security of staff or the infant, or if there is a substantial risk that the woman will attempt escape. The TCC supports this bill because the practice of shackling inmates during labor and delivery  makes the act of giving birth difficult and is a terrible affront to the dignity of the mother.

HB 3654

This bill would establish specific minimum standards for the provision of medical, mental health, and dietary services to and the housing and work assignment needs of persons who are pregnant and confined in a county jail. TCC supports this bill because it allows for appropriate care for pregnant women in jail.

Click here to read testimony on this bill

HB 4466

This bill would prevent a defendant who, at the time of the offense was mentally retarded, from being sentenced to death. The TCC supports this bill because Texas now has the ability to effectively suppress crime by rendering criminals harmless without denying them their lives or the opportunity for reform. (See SB 167)

Policy Paper: Support a ban on executions of people who were mentally retarded at the time of the offense.

HJR 24 This bill would allow the Governor to order a moratorium on executions. The TCC supports this bill because it provides a means of abolishing the death penalty in Texas. Policy Paper: Abolish the Use of the Death Penalty in Texas
SB 53 This bill sets minimum standards for juvenile case managers who provide juvenile probation services and other juvenile justice services. The TCC supports setting minimum standards for juvenile case managers to ensure that they are prepared to aid the youth whom they work with in the juvenile justice system.
SB 115
This bill would allow for the creation of an Innocence Commission to review post conviction exonerations to ascertain errors and defects in the criminal procedures and criminal justice system, and develop solutions, methods, procedures, and programs to prevent future wrongful convictions. The TCC supports the creation of an innocence commission to investigate and prevent wrongful convictions. See HB 788.
Policy Paper: Support the Creation of an Innocence Commission
SB 167 This bill would prevent a defendant who, at the time of the offense was mentally retarded, from being sentenced to death. The TCC supports this bill because Texas now has the ability to effectively suppress crime by rendering criminals harmless without denying them their lives or the opportunity for reform. 
Policy Paper: Support a ban on executions of people who were mentally retarded at the time of the offense.
SB 169
This bill would allow the Governor, upon approval of the Board of Pardons and Paroles, to grant one or more 30 day reprieves in capital cases.The TCC supports this bill because it allows multiple capital cases the opportunity for reprieve. 

SB 1091

This bill would allow for the creation of an Office of Capital writs. This Office would recommend individuals with proficiency and a commitment to providing quality representation to defendants in death penalty cases to the Court of Criminal Appeals. The TCC supports this bill, which will help ensure that all Texans receive quality counsel. 

Policy Paper: Support the creation of an Office of Capital writs to ensure that all people are given the opportunity to quality counsel

SB 1130

This bill requires that attorneys appointed to serve as lead counsel for indigent defendants in capital cases have a higher standard of qualification, including proficiency and commitment to quality representation in death penalty cases. The TCC supports efforts to reduce the use of the death penalty through better representation of defendants.

Policy Paper: Support the creation of an Office of Capital writs to ensure that all people are given the opportunity to quality counsel

SB 1139

This bill would prevent a defendant who, at the time of the offense was mentally retarded, from being sentenced to death. The TCC supports this bill because Texas now has the ability to effectively suppress crime by rendering criminals harmless without denying them their lives or the opportunity for reform. Policy Paper: Support a ban on executions of people who were mentally retarded at the time of the offense.

SB 1786

This bill requires the Texas Department of Criminal Justice to establish a comprehensive reentry and reintegration plan for offenders released or discharged from a correctional facility. The TCC supports this bill because it will help assist offenders in reintegrating into society and will likely reduce recidivism. (See HB 1711)

SB 2281

This bill creates a public defender subaccount in the general revenue fund. The Task Force on Indigent Defense can then direct the funds to counties to support the establishment and operation of a public defender's office. The TCC supports this bill because it would help fund public defenders offices which help to ensure that all people are given the opportunity to quality counsel.

Policy Paper: Support the expansion of public defenders offices to ensure that all people are given the opportunity to quality counsel



Please Note: This report will continue to be updated throughout the Legislative Session.

Click here to view the Criminal Justice Reform Priorities on our Legislative Agenda.

Click here to view the Texas Catholic Conference Legislative Agenda.


The Texas Catholic Conference is the Official Public Policy Voice of the Catholic Bishops of Texas. Learn more about us.

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