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Legislative Updates
Above we have links to bills that have been filed for the 83rd Legislature. We have the bills grouped into those amending the Penal Code, the Code of Criminal Procedure, and other bills of interest to TDCAA members.
For information concerning legislation filed during the 83rd Regular Session or any other past session, visit the state legislature's web site at http://www.capitol.state.tx.us/.
For all other legislative inquiries, e-mail Shannon Edmonds, Director of Governmental Relations, or call him at (512) 474-2436.
Legislative Update - Special Session Recap
Posted: Wednesday, June 26, 2013
You know, sometimes we pause and wonder what normal people think about the legislative "process." The absurd can seem normal to those of us working under the dome. After all, why shouldn't the fate of a serious abortion bill hinge on whether or not one person helped another put on a back brace? Rules are rules! And yet, the ultimate result of last night's debacle on the floor and in the gallery of the Texas Senate will probably be similar to the aftermath of the O.J. Simpson trial—regardless of each person's opinion on the outcome, everyone lost some respect for the process.
Still no fix for Miller v. Alabama. Sen. Huffman (R-Houston) and Rep. Kolkhorst were unable to pass SB 23, the proposed solution to our lack of a legal punishment for 17-year-old capital murderers. The bill was stuck behind SB 5, the abortion bill, and was therefore not voted on before midnight. Note that the Senate had already passed SB 23 once before (unanimously!), but it had to vote again because the House amended the Senate bill with a dual life-or-life-without-parole sentencing option. The amendment was added despite our testimony in committee that doing so could endanger the bill's final passage in the waning days of the special session—but of course, the people amending the bill knew that. It wouldn't surprise us if some voted to amend it specifically in the hopes that it might help run out the clock on the bill. Again. That's just how the game is played sometimes.
So, what now? Rumor has it that sometime next week, Governor Perry may issue another special session call on the SB 5 abortion issue, but that is all rank speculation right now. Whether SB 23 (Miller bill), SJR 2 (a transportation funding initiative that also died behind the SB 5 filibuster), or other issues will be added to a potential call is anyone's guess, but if you want SB 23 added to the call, contact Shannon for details on how to best accomplish that goal.
Legislative update schedule. Registration for these seminars is now available online and some classes are already filling up, so reserve your spot now. We will shut down online registration for locations with limited seating that hit their capacity, so those who snooze may lose!
Quotes of the week. What better way to conclude this legislative encore of a special session? The hits just keep coming …
"Democracy took it on the chin late Tuesday/early Wednesday in a Texas Senate chamber where both sides worked to avoid the moral high ground. Both succeeded."
—Ken Herman, Austin American-Statesman columnist, after the chaotic end to the first special session.
"I've been told he made a mistake. … They eventually told me they screwed up."
—State Sen. John Whitmire (D-Houston), explaining a head-scratching veto of one of his bills that was apparently intended for another of his bills.
"So this is Twitter. I get it now."
—Ellis County & District Attorney Patrick Wilson, who had the good foresight to open a Twitter account right before the special session meltdown and was able to follow it live on Twitter. (Look for his presentation on social media at our Annual conference in Galveston this fall!)
That's all for now. Our next update will be issued as events warrant.
TDCAA Legislative Re-cap - 83rd Regular Session
Posted: Tuesday, June 4
Sorry for the radio silence, but things were too hectic at the end of session to keep up with these posts! Here's a short final recap of some of the raw numbers from the session.
Only mostly dead. Just when you thought it was safe to come out of your bunkers, the governor called a special session and is keeping a lot of tired, grumpy people stuck in Austin for another 30 days. (And the legislators have to stay, too.) The initial reason for this overtime period is redistricting, which is always the most important issue to every legislator (don't let any of them tell you otherwise). Despite that limitation, the legislature can still pass a bill on any issue it wants during a special session as long as no member of either chamber raises a point of order that the topic is "outside the call" of that special session. This limitation means most controversial issues are dead on arrival unless the governor adds them to "the call," so despite what you may read or hear about bills being filed on other subjects, there won't be much to follow except redistricting for now. That being the case, we still have reason to believe that other issues may be added to the call, and one of those issues could be the fact that our state lacks a punishment for capital murders committed by 17-year-olds. Several of you signed onto a letter by Harris County DA Mike Anderson asking for the governor's help in solving the Miller v. Alabama problem during the special session. To learn more about the issue, contact Shannon.
The final tally. The Legislature ultimately passed almost 1,300 bills and joint resolutions, of which we were tracking more than 300. Here are some early numbers on the bills that passed (noting that some of these categories may overlap):
CCP (# of bills): 76
Penal Code: 45
Traffic laws: 33
Juveniles: 21
Increasing punishments: 20
Firearms: 19
New Class As or Bs: 18
Sex offense/offender: 17
New duties for prosecutors: 12
Human trafficking: 11
Family violence: 11
New Class Cs: 9
Reducing punishments: 8
New felonies: 6
Controlled Substances Act: 3
These are rough numbers based on our tracking software. We will nail down "official" numbers after we summarize these bills in our popular Legislative Update book, followed by our famous traveling road show this summer. Until then, feel free to contact Shannon if you have questions about the latest rumors regarding some unspecified-but-horrible bill that was supposedly passed.
Legislative update schedule. Here is the itinerary for our summer legislative update schedule:
Friday, July 19 Austin
Thursday, July 25 Corpus Christi
Friday, July 26 Edinburg
Friday, July 26 McKinney
Thursday, August 1 Lubbock
Friday, August 2 Amarillo
Friday, August 2 Houston
Thursday, August 8 Abilene
Friday, August 9 Fort Worth
Friday, August 9 Waco
Thursday, August 15 Beaumont
Thursday, August 15 Henderson
Friday, August 16 Bryan
Friday, August 16 San Antonio
Thursday, August 22 Denton
Thursday, August 22 Midland
Friday, August 23 Dallas
Friday, August 23 El Paso
Thursday, August 29 Conroe
Thursday, August 29 Llano
Friday, August 30 Austin
Tuesday, Sept. 17 Galveston
Registration for these seminars is now available online, so reserve your seat now!
Quotes of the week. Once more unto the breach …
"Some of them are crazy."
—State Rep. Craig Eiland (D-Galveston), talking about this session's crop of House freshmen.
"My wife says there's a whole bunch of light bulbs that need to be changed and things like that. I'm sure there are a lot of honey-dos. My lawnmower is broken. I've got a lot of things I need to do back home."
—State Sen. Tommy Williams (R-The Woodlands), explaining why many legislators are not happy to still be in Austin.
"Lawmakers always have the unique privilege of making rules that apply only to themselves."
—Bill Miller, lobbyist, referring to debates at the end of the regular session over increasing legislators' pensions (passed), granting them special privileges to carry concealed weapons where others cannot (failed), and keeping their home addresses out of the personal financial disclosures they must file (passed).
"Seems like legislative sessions are one of those necessary evils, like a prostate exam. You are glad when it's over, but you're still waiting to see what happens … good or bad!"
—Kent Birdsong, Oldham County and District Attorney
That's all from us for now. We will alert you if any criminal law-related news happens during this special session, but if not, then our next update will come out after the veto period ends.
Legislative Recap - Week 15
Posted: Friday, April 17, 2013
While state and national news stories from this week—heck, this day—seem to be filled with shocking information, the Legislature is keeping its nose to the grindstone and cranking out more sausage. Despite being in its own (self-important) bubble, events in the real world can pierce that bubble and impact legislation. Keep that in mind over the final five weeks of the session; it may explain much of what comes out of this year's legislative process.
Final passage. Believe it or not, the Legislature has sent to the governor a bill we are following. (THAT only took 15 weeks!) It is SB 510 by Nichols, which expands the "slow down/move over" traffic law currently applicable to emergency vehicles and tow trucks to include certain TxDOT vehicles. Over the next five weeks, this list wills start to grow, so keep an eye on what the legislature sends to the governor, because his veto pen is the final trap to run for all bills.
Floor action. Other than non-controversial bills like the one mentioned above, the two chambers are still pre-occupied with getting their own legislation out of their chamber and over to their peers. That means the House won't take up many Senate bills (and vice versa) for another two weeks as each chamber engages in a frenzy of lawmaking before certain bill-passing deadlines are hit. For instance, this week the two bodies combined to pass to the other about 140 bills that we are following for one reason or another. We'll spare you all those details and point out a few of the highlights.
This past week, the House passed the following bills of interest over to the Senate:
HB 8 by Thompson increasing penalties and consequences for human trafficking
HB 32 by Menendez increasing penalties for promoting or compelling prostitution
HB 63 by Craddick creating an offense for using certain handheld wireless devices while driving
HB 220 by Price authorizing a court to stack certain injury to a child sentences
HB 434 by Riddle allowing EMTs to draw blood under statutory blood-draw provisions
HB 625 by Harper-Brown restoring the penalty for operating a vehicle without a license plate
HB 1127 by W. Smith authorizing certain counties to regulate game rooms
HB 1205 by Parker expanding the offense of failure to report child abuse/neglect
Across the rotunda, the Senate sent these bills to the House:
SB 263 by Huffman relating to synthetic cannabinoids and PG 2-A substances and analogues
SB 264 by Huffman relating to synthetic hallucinogens and other PG-2 substances
SB 670 by Whitmire authorizing the defense to copy prosecutors' files in juvenile cases
SB 727 by Taylor adding burglary w/ intent to commit sex crimes as a 3g offense
SB 743 by Nelson creating an offense for repeated violations of protective orders
SB 745 by Nelson relating to claims filed under the Crime Victims' Compensation Act
SB 834 by Estes making grand jurors' names confidential for most purposes
SB 876 by Patrick relating to a bail bond surety's discharge from liability
SB 970 by Huffman facilitating the execution of DNA search warrants
SB 1173 by West authorizing a court to assess probation after confinement in SJF cases
SB 1292 by Ellis mandating pre-trial DNA testing of all evidence in death penalty cases
Upcoming floor calendars. Notice of floor debates is sporadic and subject to change at any moment, so follow along by checking the latest House General Calendar or Senate Intent Calendar on your own. As for the next two weeks, the House has the following bills on its calendar:
Monday, April 22
HB 347 by Pitts banning wireless communication devices while driving on school property
HB 528 by Syl. Turner restricting access to records relating to children's fine-only misdemeanors
HB 2637 by Frullo relating to fraudulent use of identifying information by sex offenders
Tuesday, April 23
HB 166 by McClendon creating a commission to investigate and prevent wrongful convictions
HB 1284 by Johnson increasing the penalty for making a false alarm of a bomb at a college
The Senate calendar is less certain, but bills that could be debated in that chamber sometime next week include:
SB 209 by Huffman continuing and revising the State Commission on Judicial Conduct
SB 991 by West both expanding and restricting eligibility for release on medical parole
SB 1044 by Rodriguez granting public defenders access to state criminal history records
If you have questions about the House or Senate bills up for floor debate, contact Shannon.
Committee recap. The following bills were favorably voted out of a House committee this week—including some controversial measures that we have talked about it past updates so read this list carefully:
HB 104 by Gonzales repealing the driver responsibility program (DPS surcharges)
HB 124 by Anderson adding Salvia divinorum to PG-3 substances
HB 212 by Alonzo creating a right to a pre-trial hearing
HB 260 by Callegari relating to the use of ignition interlocks for certain first offenders
HB 439 by Dutton restoring certain felons' civil rights
HB 705 by Howard increasing penalties for assaulting ER personnel
HB 820 by Taylor relating to the prosecution of accessing child pornography
HB 912 by Gooden banning the capture or use of images by unmanned drones
HB 990 by S. Thompson creating a sentencing policy, accountability, and review council
HB 1010 by S. King criminalizing certain physical contact with a child for sexual purposes
HB 1096 by Canales requiring certain custodial interrogations to be recorded
HB 1242 by Geren authorizing a judge to assess additional jail time as a condition of probation
HB 1282 by Syl. Turner allowing a defense lawyer to copy a prosecutor's juvenile file
HB 1302 by Clardy imposing life without parole for certain repeat sex offenders
HB 1847 by Carter mandating annual Brady training for prosecutors
HB 1862 by Dutton legalizing switchblade knives
HB 2268 by Frullo relating to search warrants for electronic information and data
HB 2678 by Moody criminalizing offenses committed against persons detained in certain facilities
HB 3240 by Phillips relating to the delivery of certain controlled substances
HB 3334 by Hughes requiring the recording of all testimony before a grand jury
HB 3743 by Wu authorizing prosecution appeals in non-determinate sentence juvenile cases
HB 3815 by Carter suspending a driver's license upon a fifth DWI conviction
HJR 39 by Burkett denying bail to certain repeat felony offenders
SB 213 by Whitmire continuing TDCJ and BPP (their sunset bill)
Across the dome, Senate committees approved the following bills:
SB 538 by Rodriguez repealing the offense of homosexual conduct
SB 549 by Williams increasing penalties for engaging in organized criminal activity
SB 592 by Ellis limiting caseloads for counsel appointed to represent indigent defendants
SB 878 by Patrick listing permissible uses of asset forfeiture proceeds
SB 1192 by Davis expanding the rights of victims of sexual assault
SB 1285 by Williams relating to the operation of the special prosecution unit
SB 1428 by Hinojosa reforming the sentences of juvenile offenders imprisoned for LWOP
SB 1448 by Hinojosa expanding non-disclosure orders to include certain fine-only misdemeanors
SB 1512 by Ellis making confidential certain crime-scene photos and recordings
SB 1757 by Uresti banning license plate flippers
Although it rarely happens, sometimes bills are called up for a vote and defeated in a committee, too. This week, that fate befell HB 1070 by Allen (permitting expunction of many alcohol- and drug-related offenses) and HB 1919 by Eiland (authorizing certain forms of internet gambling). Once defeated in an official vote, a measure is not allowed to re-appear as an amendment or other bill, so cross off those two ideas until next session!
Remember, to read any of these bills, go to the Texas Legislature Online. House bills voted out of their initial committee must then be approved for debate by the secretive House Calendars Committee, so if you want a bill to be—or not be—debated, reach out to any friendly House members you know on that committee. In the other chamber, the Senate employs its traditional two-thirds rule to decide which bills senators will debate.
Upcoming hearings. This week is probably the last week for House bills to get a hearing in a House committee before they are unofficially declared dead—and truthfully, most of the ones being heard this week already have one foot in the grave, which is why you will start to see Senate bills debated in House committees. Senate bills have another week of life in their own committees because of more lenient deadlines in that chamber, but they also must move quickly to avoid the hangman's noose. Check out next week's list of bills being considered in committee and then think about coming down to testify for/against them or weighing in with any of your local legislators who are on those committees (and remember, as always, this is only a partial list):
Monday, April 22
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, Room E2.012)
HB 1848 by Carter relating to conditions of and information about protective orders
SB 129 by Nelson expanding venue for filing an application for a protective order
SB 130 by Nelson clarifying prosecutors' ability to provide representation in protective orders
SB 393 by West imposing limits on the prosecution of Class C offenses occurring at schools
SB 462 by Huffman relating to specialty courts
House Pensions (2:00 p.m. or upon adjournment, Room E2.026)
HB 413 by Turner prospectively eliminating the "Perry double-dip" ERS loophole
Tuesday, April 23
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, Room E2.016)
HB 125 by Raymond increasing the penalty for false identification as a peace officer
HB 206 by Marquez increasing the punishment for tampering with certain school records
HB 221 by Fletcher removing the statute of limitations for tampering with a corpse
HB 261 by Miles mandating the severance of defendants in death penalty trials
HB 262 by Miles creating an offense for repeated sex with a person in custody
HB 452 by Dukes expanding the scope of and punishment for deadly conduct
HB 534 by Kleinschmidt increasing the punishment for resisting arrest
HB 765 by P. King relating to Class C offenses committed by CDL holders
HB 901 by Kolkhorst eliminating LWOP for 17-year-old capital offenders
HB 924 by Moody eliminating LWOP for 17-year-old capital offenders
HB 925 by Moody increasing the penalty for certain acts of official oppression
HB 967 by Syl. Turner authorizing subsequent writs based on scientific evidence
HB 1011 by S. King increasing the punishment for online solicitation of a minor
HB 1064 by Hernandez Luna relating to the offense of breach of computer security
HB 1083 by Dukes expanding venue for certain computer crimes
HB 1176 by Gooden cleaning up language in the endangering a child statute
HB 1178 by Gooden expanding municipal authority over property abutting the municipality
HB 1246 by Syl. Turner relating to the amendment of a motion for new trial
HB 1439 by Lucio III permitting the temporary sealing of certain arrest warrant affidavits
HB 1440 by Lucio III increasing penalties for certain repeat state jail felony offenses
HB 1523 by Guillen adding stored value cards to the offense of money laundering
HB 1564 by R. Miller increasing the punishment for ballot theft
HB 1669 by Carter permitting the admissibility of extraneous acts in certain sex crimes cases
HB 2291 by Lozano correcting references to the Finance Code in CCP Chapter 59
HB 2418 by Fletcher creating an offense for the production or delivery of marijuana plants
HB 2498 by R. Miller creating an offense for possession with intent to deliver marijuana
HB 2568 by Workman creating a "Rule of Lenity" in Texas criminal law
HB 2841 by Wu expanding the authority to conduct wire-taps
HB 2964 by Alonzo retroactively imposing Padilla relief (immigration admonishments)
HB 2989 by Canales limiting the use of completed probations that have been set aside
HB 3030 by Fletcher relating to payment of misdemeanor and capias pro fine warrants
HB 3058 by Herrero restricting access to certain children's fine-only misdemeanor records
HB 3059 by Herrero relating to fines and court costs imposed on children in Class C cases
HB 3164 by Stickland mandating a search warrant to obtain electronic communication records
HB 3208 by Alonzo accelerating eligibility for certain discretionary expunctions
HB 3210 by J.D. Sheffield relating to sex offender treatment for certain released offenders
HB 3277 by N. Gonzalez relating to the reporting of forfeiture info to the state auditor
HB 3297 by Guillen expanding wire-tapping to certain marijuana and money laundering cases
HB 3377 by Syl. Turner mandating creation of prostitution specialty courts in larger counties
HB 3479 by Simpson prohibiting certain interrogation techniques
HB 3517 by Carter requiring a jury to consider victim impact testimony
HB 3532 by Rose requiring action within 14 days on a defendant restored to competency
HB 3633 by Canales expanding subsequent counsel's access to jurors' personal information
HB 3637 by Hughes instructing each jury on its role in a criminal case
HB 3689 by Carter expanding the execution of DNA search warrants
HB 3818 by Collier mandating the automatic expunction of certain criminal records
House Licensing and Administrative Procedures (noon or upon adjournment, Room E1.010)
HB 109 by Raymond regulating local option elections to legalize or prohibit eight-liners
HJR 27 by Raymond proposing a constitutional amendment to authorize a local option for HB 109
Senate Criminal Justice (1:30 p.m. or upon adjournment, Room 1.016)
SB 189 by Huffman limiting release on mandatory supervision for certain child injury convictions
SB 368 by Whitmire authorizing a sheriff to allow misdemeanor sentences to be served at home
SB 1183 by Huffman relating to the testing of juveniles for certain STDs
SB 1191 by Davis relating to how health-care facilities care for victims of sexual assault
HB 1323 by Seliger authorizing a centralized sex-offender registration authority for a county
SB 1360 by Rodriguez relating to tampering with a witness and forfeiture by wrongdoing
SB 1416 by Deuell barring certain jury instructions for felons in possession of a weapon
SB 1439 by West re-codifying all evidence-related statutes into one chapter of the CCP
SB 1440 by West revising various laws relating to juvenile conduct
SB 1451 by Hinojosa relating to money laundering and forfeiting "substitute property"
SB 1517 by Van de Putte relating to juveniles in disciplinary seclusion
SB 1712 by Rodriguez creating a pre-trial diversion program for prostitutes
SB 1769 by Rodriguez relating to TJJD fingerprinting practices
SB 1798 by Watson increasing penalties for certain internet threats against public servants
Senate Jurisprudence (1:30 p.m. or upon adjournment, Room 2E.20)
SB 977 by West permitting electronic applications for non-disclosure
SB 1172 by West authorizing an order of non-disclosure for a probation that has been set aside
Wednesday, April 24
Senate Transportation (8:00 a.m., E1.016)
SB 28 by Zaffirini creating an offense for texting while driving
House Corrections (2:00 p.m. or upon adjournment, E2.010)
HB 937 by Farias creating a restorative justice pilot program for juveniles in certain counties
HB 2097 by Gutierrez relating to holding parole revocations hearings by videoconference
Thursday, April 25
House Select Committee on Criminal Procedure Reform (10:30 a.m. or upon adj., E2.028)
HB 1021 by Moody relating to venue in truancy cases
HB 1022 by Moody relating to venue for parents contributing to truancy
HB 1067 by Moody relating to a defendant's waivers in probation revocations
HB 3493 by Moody relating to wire-tapping
Note that these committees may be hearing other bills that are not listed here and that these lists may change with little notice. Also, hearing notices for the House County Affairs Committee and the House Homeland Security and Public Safety Committee (which meet on Thursday mornings) are not usually received until after this update is distributed. Therefore, be sure to check all the applicable committee pages on the Texas Legislature Online. The bills listed above are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Quotes of the week. It's been a rough week for everyone, hasn't it? From Austin to Boston—and West in between—there hasn't been much to laugh about.
"We need lawyers who do the work, not politicians who do a meeting. We need a fully funded Innocence Project, and I know how to do that. Give me $750,000 a year and I'm going to give them something to talk about. Politicians waste time trying to create an agency to talk about these exonerations, but there aren't going to be any exonerations unless you have lawyers getting these people out."
—Jeff Blackburn, founder of the Innocence Project of Texas, explaining in a past interview why he thinks efforts to create an Innocence Commission are misdirected.
"I think that they [prosecutors] believe that what they're doing is OK. And they recognize they've got some bad apples. And yet, at the same time, we can't continue to protect them [prosecutors]. We have to make sure that some way or another, we have to protect the people that sent us here, the people who need protection. And that's the innocent."
—State Rep. Harold Dutton (D-Houston), during Tuesday's House Criminal Jurisprudence Committee hearing on HB 328 eliminating the statute of limitations and increasing the criminal penalty for Brady violations by prosecutors and peace officers.
"This is a person [sic] that I train and sleep with. Like I said, cows, pigs, chickens, horses – they're protected under the agricultural laws. How many people sleep with their cows, though? This is a matter that's very personal."
—Brad Kirby, "citizen of Texas" and professional dog trainer, testifying in favor of HB 279 by Lucio III to make theft of a pet a third-degree felony.
That's all for now. Have a good weekend!
TDCAA Legislative Recap
Posted: Friday, April 12, 2013
The 83rd Regular Session is officially two-thirds complete. Now is when they get down to the lick log.[*] It is still impossible to accurately predict which bills will become law and which bills will not, but our crystal ball will start to clear up over the next two weeks. (Let's hope the resulting visions of the future don't cause our hair to stand on end!) There are also lots of controversial bills—including some involving asset forfeitures, Brady violations, granting new powers to the OAG, race and the death penalty, expanding expunctions, and more—getting a hearing this week, so don't say we didn't warn you before you read the list of bills set in committees next week.
Kaufman County responses. We would like to thank all of you who replied to last week's request for feedback on what can be done (legislatively and otherwise) to address your security concerns. As a result of those conversations and an in-depth discussion of this issue at last week's meeting of our board of directors, you can expect to receive a packet of information from us next week that will contain tips and recommendations for keeping you and your co-workers safe. If you have further questions about it, contact Rob. We are also working on some last-minute legislative fixes to laws governing access to your personal information; we'll have more on that later if those efforts come to fruition.
Has the game of musical discovery chairs finally ended? SB 1611 by Ellis (D-Houston) and Duncan (R-Lubbock) passed the Senate 31–0 on Thursday amid much self-congratulatory fanfare on the Senate floor. The bill, which provides for the mandatory production to the defense of offense reports and witness statements, had been held up by former prosecutor and district judge Sen. Joan Huffman (R-Houston) over concerns for the protection of victim and witness information. The deadlock ended when Lieutenant Governor Dewhurst called a meeting Wednesday evening involving those senators and some prosecutors, defense attorneys, and exoneree Michael Morton (for whom the bill is named). It wasn't quite as dramatic as some would have you believe, but final language limiting the defense's ability to disseminate offense reports and witness statements was hammered out and the bill then sailed through the Senate with the compromise language added by an amendment. Many senators observed that this bill makes a significant change in Texas criminal jurisprudence, and they are probably right about that. To see how it might affect business in your jurisdiction, read the "engrossed" version on the Capitol website, which is now available online.
Special thanks go to Cliff Herberg and Steven Tays of the Bexar County CDA's office for stepping into the breach on short notice and carrying the flag for victims and witnesses at the Wednesday meeting. It is now on to the House, where it will be considered in committee in the next few weeks. If you have questions, call or email Rob.
Floor action. Other than the discovery bill, neither the House nor the Senate passed many (any?) bills of interest. That will change next week.
Upcoming floor calendars. Notice of floor debates is sporadic and subject to change at any moment, so follow along by checking the latest House General Calendar or Senate Intent Calendar on your own. As for the next two weeks, the House has the following bills on its calendar:
Tuesday, April 16
HB 8 by S. Thompson further revising human-trafficking offenses and other related laws
HB 32 by Menendez increasing penalties and consequences for certain acts of prostitution
Wednesday, April 17
HB 63 by Craddick creating an offense for using certain handheld wireless devices while driving
HB 1205 by Parker expanding the offense of failure to report child abuse/neglect
Thursday, April 18
HB 220 by Price authorizing a court to stack certain injury to a child sentences
Monday, April 22
HB 347 by Pitts expanding the offense of using a wireless device while driving on school property
HB 528 by Syl. Turner restricting access to information related to a child's Class C offense
Tuesday, April 23
HB 166 by McClendon creating a statewide innocence commission
To outside appearances, the Senate is less organized. We have to do a little more guesswork, but bills that could be debated in that chamber sometime next week include:
SB 459 by Rodriguez further regulating and criminalizing certain acts regarding scrap/used tires
SB 834 by Estes making grand jurors' names confidential
SB 1173 by West authorizing post-confinement probation in certain state jail felony cases
If you have questions about the House or Senate bills up for floor debate, contact Shannon.
Committee recap. The following bills were favorably voted out of a House committee this week:
HB 72 by Fletcher increasing penalties for leaving the scene of a fatality
HB 167 by McClendon authorizing victim-offender mediation in certain criminal cases
HB 793 by Lozano expanding the offense of human smuggling
HB 899 by Perry limiting DIVO contact with victims in capital murder cases
HB 972 by Fletcher authorizing concealed handguns on college campuses
HB 1304 by Sheets legalizing the unintentional display of a concealed handgun
HB 1567 by R. Miller authorizing victim allocution after a juvenile disposition
HB 1606 by Moody relating to harassment and stalking
HB 1620 by Bonnen imposing new consequences for burglary w/ intent to commit sexual assault
HB 1849 by Carter prescribing certain approved uses of law enforcement asset forfeiture proceeds
HB 2090 by Canales requiring a written confession to be in the confessor's language
HB 2371 by Leach creating the offense of voyeurism
HB 2613 by Walle granting public defenders access to criminal records held in TCIC
HB 2804 by Toth creating a commission to review criminal offenses outside the Penal Code
HB 2863 by Carter relating to the diversion of certain prostitution offenders
Across the dome, Senate committees approved the following bills:
SB 433 by Patrick authorizing certain local governments to regulate game rooms
SB 876 by Patrick relating to a surety's discharge of liability in certain criminal cases
SB 915 by West relating to the automatic sealing of certain juvenile records
SB 991 by West expanding the release of certain inmates on medical parole
SB 1052 by Carona relating to search warrants for electronically-stored information
SB 1292 by Ellis mandating pre-trial DNA testing of all biological material in a capital case
SB 1316 by Whitmire expanding the "Romeo & Juliet" defense to same-sex offenses
SB 1419 by West relating to funding for juvenile case managers
SB 1522 by Hegar authorizing bonds for parole violators pending their hearings
SB 1839 by Whitmire relating to the detention of certain juveniles in adult facilities
To read these bills, go to the Texas Legislature Online. Remember, House bills voted out of their initial committee must then be approved for debate by the secretive House Calendars Committee, so if you want a bill to be—or not be—debated, reach out to any friendly House members you know on that committee. In the other chamber, the Senate employs its traditional two-thirds rule to decide which bills senators will debate. If you have questions about how that works, contact Shannon and he can explain it.
Upcoming hearings. It's approaching that time of session when bills that haven't been heard in committee will soon be declared officially dead. That creates panic at the Capitol and leads to committee chairman setting a gazillion bills for hearings—which is why House Criminal Jurisprudence will hear 47(!) bills on Tuesday. Check out next week's list of bills being considered in committee and then think about coming down to testify for/against them or weighing in with any of your local legislators who are on those committees (and remember, as always, this is only a partial list):
Monday, April 15
Senate State Affairs (9:00 a.m., Senate Chamber)
SB 612 by Lucio requiring certain candidates for office to submit to drug testing
SB 1578 by Duncan de-linking legislative pensions from the benchmark judicial salary
House Government Efficiency & Reform (2:00 p.m. or upon adjournment, Room E1.026)
HB 193 by Dutton expanding access to prosecutors' records under the Open Records Act
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, Room E2.012)
HB 90 by S. Thompson creating a civil cause of action for certain prostitution-related acts
HB 382 by Burnam requiring disclosure of certain gov't settlements involving public funds
HB 1710 by Raymond providing cost-of-living increases for district judges
HB 2930 by Miles relating to procedures asserting taking claims against certain gov't actions
HB 3241 by S. Thompson creating a racketeering cause of action for the AG in trafficking cases
SB 825 by Whitmire relating to disciplinary proceedings against prosecutors
Senate Open Government (2:00 p.m. or upon adjournment, Room 2E.20)
SB 1512 by Ellis making confidential certain crime scene photographs/recordings
SB 1882 by Zaffirini mandating disclosure of certain information requested by the Legislature
Tuesday, April 16
House Transportation (8:00 a.m., Room E2.012)
HB 2346 by Zedler criminalizing the use, sale, purchase, or possession of a license plate flipper
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, Room E2.016)
HB 189 by Dutton banning the use of various types of evidence in death penalty cases
HB 266 by Miles increasing the penalty for official oppression committed by peace officers
HB 279 by Lucio III increasing the punishment for theft of a pet
HB 328 by Dutton increasing the penalty for official oppression involving Brady violations and removing the statute of limitations for that offense
HB 501 by Hernandez Luna relating to law enforcement agency forfeiture funds being used for scholarships for children of peace officers killed in the line of duty
HB 544 by Kleinschmidt reducing the penalty for theft of certain metals under $500
HB 577 by Guillen relating to lawyers appointed to death penalty writ cases
HB 1069 by McClendon increasing the value ladder amounts (= reducing penalties) for theft
HB 1275 by W. Smith relating to interlock fees
HB 1311 by Farias increasing court costs on certain offenses involving elderly victims
HB 1359 by Alonzo accelerating a person's eligibility for an order of non-disclosure
HB 1437 by Lucio III increasing the penalty for failure to stop/report child rape
HB 1438 by Lucio III relating to the duration of an emergency protective order
HB 1483 by Lozano creating an offense for commercial advertisement of sex with a child
HB 1502 by Raymond banning the use of stun guns, handcuffs, etc., to discipline a child
HB 1628 by Harper-Brown increasing the punishment for repeat indecent exposures
HB 1743 by Johnson creating a "Good Samaritan" defense for reporting drug overdoses
HB 1748 by Branch imposing LWOP for certain sex crimes (aka "Chelsea's Law")
HB 2266 by Larson relating to the prosecution of children for fine-only misdemeanors
HB 2344 by Zedler relating to the offense of smuggling of persons
HB 2396 by Bonnen increasing penalties for family violence committed in a child's presence
HB 2458 by S. Thompson relating to race and the death penalty, aka the "Racial Justice Act"
HB 2539 by Turner requiring computer technicians to report child pornography
HB 2559 by S. Thompson relating to rights of certain victims of sexual assault
HB 2572 by McClendon relating to experts qualified to determine a defendant's sanity
HB 2579 by Wu relating to the prosecution of certain offenses against a person in custody
HB 2596 by Y. Davis mandating LWOP for certain sex crimes
HB 2679 by Guillen authorizing some kind of "release by guilty plea" legal fiction
HB 2736 by White requiring pseudo-parole of state jail felons after serving half a sentence
HB 2801 by Johnson reducing punishments for prostitution
HB 2827 by Burkett increasing punishments for burglary of a vehicle
HB 2842 by Wu increasing penalties for engaging in organized criminal activity
HB 2849 by White increasing the value ladder (= reducing penalties) for graffiti/criminal mischief
HB 2898 by Miller expanding the use of restitution liens
HB 2979 by Parker creating an offense of "continuous physical abuse of a child" and more
HB 3057 by Herrero limiting the prosecution of certain misdemeanor offenses at schools
HB 3061 by Herrero relating to juror information in death penalty cases
HB 3138 by Sheets expanding the prosecution of money laundering and related forfeitures
HB 3197 by L. Gonzales expanding the scope of the crime of improper student/teacher contact
HB 3220 by Springer creating a presumption of identify for pen packets
HB 3275 by Simmons creating an offense for using secret compartments in a vehicle
HB 3322 by Coleman extending the "Romeo & Juliet" defense to same-sex conduct
HB 3324 by Coleman adding "gender identity/expression" to the hate crimes law
HB 3365 by Pitts relating to the prosecution of theft/fraud involving electronic payments
HB 3406 by Riddle creating an offense for inmates who threaten to harm another
HB 3818 by Collier mandating the automatic expunction of certain criminal records
House Environmental Regulation (10:30 a.m. or upon adjournment, E1.026)
HB 3117 by Burkett authorizing the AG to settle local gov't environmental lawsuits
HB 3119 by Burkett banning contingent fee contracts in certain environmental lawsuits
House Human Services (10:30 a.m. or upon adjournment, E2.030)
HB 1147 by N. Gonzalez requiring prosecutors to provide data to the human-trafficking task force
Senate Criminal Justice (1:30 p.m. or upon adjournment, Room 1.016)
SB 384 by Carona relating to the failure to report child abuse/neglect
SB 538 by Jose Rodriguez repealing the offense of homosexual conduct
SB 549 by Williams increasing certain consequences for engaging in organized criminal activity
SB 827 by Whitmire relating to identity theft by certain sex offenders
SB 878 by D. Patrick listing (limiting?) permissible uses of asset forfeiture proceeds
SB 1003 by Carona creating an Adult & Juvenile Administrative Segregation Task Force
SB 1044 by Jose Rodriguez granting public defenders access to TCIC records
SB 1189 by Huffman relating to the disposition of firearms seized by law enforcement
SB 1192 by W. Davis relating to the rights of certain victims of sexual assault
SB 1285 by Williams revising statutes governing the special (prison) prosecution unit
SB 1448 by Hinojosa expanding non-disclosures to certain fine-only misdemeanors
SB 1757 by Uresti creating an offense for possessing, using, etc., a license plate flipper
Senate Jurisprudence (1:30 p.m. or upon adjournment, Room 2E.20)
SB 1629 by West relating to the various practices and procedures of the judicial branch
Wednesday, April 17
House Corrections (2:00 p.m. or upon adjournment, E2.010)
HB 255 by Miles expanding mandatory supervision for certain drug offenders
HB 256 by Miles expanding mandatory supervision for certain probation violators
HB 259 by Syl. Turner limiting the detention of juveniles pending criminal trial
HB 1337 by D. Bonnen reducing the frequency of parole review for certain offenders
HB 1388 by Workman authorizing certain counties to set up a mini-TYC system
HB 1645 by Riddle restricting certain sex offenders' access to the Internet
HB 2855 by Miles expediting the issuance of certain orders of non-disclosure
HB 3004 by Allen requiring TDCJ to grant credits to certain state jail offenders
HB 3371 by Giddings requiring prosecutors to expunge non-traffic Class Cs by certain minors
HB 3634 by McClendon creating a Juvenile Court Jurisdiction Task Force
HB 3743 by Wu authorizing a prosecutor to appeal certain rulings by a juvenile court in non-determinate sentence cases
Note that these committees may be hearing other bills that are not listed here and that these lists may change with little notice. Also, hearing notices for the House County Affairs Committee and the House Homeland Security and Public Safety Committee (which meet on Thursday mornings) are not usually received until after this update is distributed. Therefore, be sure to check all the applicable committee pages on the Texas Legislature Online. The bills listed above are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Masters bonus. Anyone remember this prediction of ours from last session?
Forget conventional wisdom (sorry, Lefty)—we like a foreigner to win the Masters this year, such as Rory McIlroy, Paul Casey, Geoff Ogilvy, or Charl Schwartzel (you read that last prediction here first) …
Yes, Schwartzel, the unheralded South African, went on to win the 2011 Masters Tournament in a shocking finish. So who do we like this year? Keep an eye on foreigners like Schwartzel, Jason Day, Justin Rose, or (for a dark horse) Englishman David Lynn. Again, you heard it here first!
Quotes of the week. You know, some weeks this is the only part of this update that we enjoy writing. Enjoy them!
"There must be something in the water this session; I don't know what it is."
—State Sen. Royce West (D-Dallas), complimenting his fellow senators on the consensus-building and general lack of acrimony that has characterized this session to date.
"The irony here is that I'm told these are manufactured in the penitentiary."
—Exoneree Michael Morton, admiring the Senate gavel given to him after it was used during the debate on SB 1611, aka "The Michael Morton Act" mandating open-file discovery in criminal cases.
"I frankly get tired of Texas playing chicken with the federal government all the time."
—State Rep. Rene Olivera (D-Brownsville), in a committee debate over HB 80 by Simpson (R-Longview), the "anti-groping" bill to criminalize certain TSA searches at airports.
"You need to [pass a bill] that all elected prosecutors shall spend a minimum of 72 hours in a legislative session. … This will help them in their home jurisdictions by explaining another reason no county money should be sent to Austin. On another note—it was a pleasure working with everybody; I can't wait to come back."
—From an elected prosecutor who wrote us a letter after a recent stint with our prosecutor rotation program in Austin.
"Certainly, there's a spike in the last three months. But I don't think you could classify it as 'open season.' … You're more likely to be attacked by a shark than you are attacked by a crazed defendant."
—Glenn McGovern, DA Investigator in Santa Clara County (CA), describing the results of his nationwide research into attacks targeting officials in the criminal justice system.
That's all for now. Have a good weekend!
[*] For any non-Texans who need a translation: http://www.texasmonthly.com/content/encyclopedia-texanica.
TDCAA Legislative Recap - Week 13*
[* - we got a week ahead of ourselves two weeks ago--call it wishful thinking--but we're back on track now.]
Posted: Friday, April 5, 2013
Our prayers are with the men and women of the Kaufman County Criminal DA's Office as they struggle to comprehend the unthinkable. We pray with them and for them, and we ask all our members to re-commit themselves to courageously doing the job that must be done.
Responses to events in Kaufman County. One problem with our part-time legislature is its difficulty in responding to current events that don't conveniently happen prior to various bill-filing deadlines. As a result, we often see incomplete bills filed on the fly while other problems go unaddressed. Among the bills filed in response to the Kaufman County cases are:
HB 1845 by Gooden explicitly making murder of an elected prosecutor a capital crime
HB 2063 by Gooden authorizing prosecutors to openly carry handguns
HB 2147 by Hilderbran authorizing county officers/employees to carry concealed in a courthouse
HB 3134 by Lucio III explicitly making murder of an elected prosecutor a capital crime
Regardless of the merits of these proposed policies, all of these bills have drafting errors or other problems that must be fixed before they pass. But the question for prosecutors is, even if they are fixed, do these bills make you and your staff feel safer? And if not, what else needs to be done? We hear many prosecutors are ramping up local security efforts, but if you have an idea for a legislative change needed to make that happen, contact Shannon ASAP to discuss it in greater detail.
In addition to legislative solutions, some prosecutors have asked what they can do for their fellow prosecutors in Kaufman County. TDCAA's board of directors met today to discuss various issues related to that question and it appears that their neighboring prosecutors and members of our board of directors are going to provide any direct assistance they may need. But if you are still seeking a way to channel that compassionate impulse, the board adopted a resolution today encouraging prosecutors to donate funds to the Kaufman County CrimeStoppers reward currently being offered in these murder investigations. Bexar County Criminal DA Susan Reed has already donated $10,000 from her asset forfeiture funds—which is a discretionary expenditure permitted as an "official purpose" of a prosecutor's office under CCP Art. 59.06(d-2)(1)(A)—and other prosecutors are doing the same. Anyone interested in making contributions to that cause should visit http://www.kaufmancountycrimestoppers.org/ or call 877-847-7522 and ask for Ms. Tassie Gamble, president of the local CrimeStoppers chapter.
House passes a budget. Yesterday, the House gave preliminary approval to Senate Bill 1, the state budget. There were a few fireworks during the 12-hour deliberation, but not as many fights as in past sessions. The key point we drew from the floor debate is that none of the fights had much to do with prosecutors, and that is a good thing. It was a timely reminder of the wisdom of seeking funding from local sources rather than the state government, if for no other reason than it spares you the agony of the unpredictable state budget process. Next, SB 1 will go through some procedural motions and then head to a conference committee where differences between the two bills will be hashed out behind closed doors. The outcome of those negotiations won't be known for another month or so.
Discovery reform is still reforming. One thing that makes the Legislature entertaining is its unpredictability. For instance, the latest version of SB 1611 by Ellis (D-Houston) and Duncan (R-Lubbock), now titled "The Michael Morton Act," was passed out of committee and sent to the Senate floor with an understanding that language protecting victim/witness information still needed to be settled upon. The problem is, that has not happened, but the bill is scheduled to be debated on the Senate floor on Monday anyway. That could lead to some fireworks on the Senate floor between the bill's authors and Senator Joan Huffman (R-Houston), a former prosecutor and judge who is seeking to add her own language protecting that information from distribution to third parties or the public. We'd be lying if we told you we knew how it was all going to shake out, but if you need more information before you make a recommendation to your own senator(s), contact Rob Kepple for additional background.
Floor action. Other than the state budget bill, the House failed to debate or pass anything that is on our radar as being a priority. Across the dome, the Senate is churning out the sausage at a much faster pace. This week, the Senate sent the following bills to the House:
SB 122 by Jose Rodriguez authorizing the removal from office of ISD trustees
SB 152 by Nelson creating a duty to disclose certain abuse that an adult suffered as a child
SB 213 by Whitmire, the TDCJ sunset bill
SB 270 by Seliger authorizing certain defense lawyers access to juror information
SB 275 by Watson increasing the penalty for hit-and-run fatalities to a second-degree felony
SB 299 by Estes narrowing the offense of unintentional display of a concealed handgun
SB 393 by West restricting the ability to cite students for certain Class C misdemeanors
SB 987 by Hegar requiring the AG to enjoin local gov'ts from adopting certain firearm regulations
SB 1238 by Hinojosa revising the duties and authority of the Forensic Science Commission
SJR 13 by Eltife imposing term limits on certain statewide officeholders
These bills will now be referred to House committees, where they will sit for a few weeks before being set for hearings in those committees.
Upcoming floor calendars. Notice of floor debates is sporadic and subject to change at any moment, so follow along by checking the latest House General Calendar or Senate Intent Calendar on your own. As for next week, the House will slowly recover from its budget debate by considering various bills that are unlikely to interest you, so we will spare you that list. In the Senate, bills that could be debated next week include:
SB 262 by Huffman relating to the reporting of criminal disposition completeness data
SB 966 by West creating a new commission to regulate various court-related non-legal professions
SB 1611 by Ellis/Duncan mandating open-file discovery in criminal cases
If you have questions about the House or Senate bills up for floor debate, contact Shannon.
Committee recap. The following bills were favorably voted out of a House committee this week:
HB 21 by Martinez Fischer creating a family violence offender registry
HB 385 by S. Thompson allowing counties to self-insure certain officeholder bonds
HB 517 by Pitts limiting parole eligibility for intoxication-offense sentences of 25 or more years
HB 928 by Krause banning local & state officials from enforcing certain federal firearms laws
HB 1076 by Toth banning local & state officials from enforcing certain federal firearms laws
HB 1314 by Creighton banning local & state officials from enforcing certain federal firearms laws
HB 2443 by Parker changing the composition of the Texas Juvenile Justice Board
Across the dome, Senate committees approved the following bills:
SB 263 by Huffman expanding synthetic cannabinoids (PG 2-A) and analogues
SB 264 by Huffman relating to synthetic hallucinogens (PG 2)
SB 336 by Jose Rodriguez relating to the qualifications for appointment as a medical examiner
SB 670 by Whitmire authorizing defense lawyers to copy juvenile prosecutors' files
SB 727 by L. Taylor making burglary with intent to commit sexual assault a 3g offense
SB 743 by Nelson creating an offense for repeated violations of a protective order/bond condition
SB 745 by Nelson relating to Crime Victims' Comp and sexual assault victims' services
SB 826 by Whitmire relating to notice of civil commitment
SB 970 by Huffman relating to the execution of a search warrant for DNA
SB 1173 by West authorizing post-confinement probation for state jail felons
SB 1363 by Huffman limiting the immunity that can be granted to legislative witnesses
To read these bills, go to the Texas Legislature Online. Remember, House bills voted out of their initial committee must then be approved for debate by the secretive House Calendars Committee, so if you want a bill to be—or not be—debated, reach out to any friendly House members you know on that committee. In the other chamber, the Senate employs its traditional two-thirds rule to decide which bills senators will debate. If you have questions about how that works, contact Shannon and he can explain it.
Upcoming hearings. If you thought committees had heard some bad ideas before this week, just wait until you get a load of this list! Check out next week's list of bills being considered in committee and then think about coming down to testify for/against them or weighing in with any of your local legislators who are on those committees (remember, this is a partial list):
Monday, April 8
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, Room E2.012)
HB 1245 by Syl. Turner allocating money from the judicial and court personnel training fund
HB 1282 by Syl. Turner permitting defense lawyers to copy juvenile prosecutors' files
HB 1512 by Lewis authorizing ADR/mediation in certain criminal cases
HB 1847 by Carter requiring elected prosecutors' annual CLE to include Brady/misconduct training
HB 3153 by Lewis creating various county courts-at-law and district courts
Tuesday, April 9
Senate Business & Commerce (8:00 a.m., E1.016)
SB 236 by Hinojosa expanding hours for the sale of liquor (including Sundays)
SB 1034 by Carona creating a criminal penalty for unauthorized use of a liquor license
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, Room E2.016)
HB 60 by Guillen creating "Caylee's Law" in Texas (failure to report missing/dead child)
HB 319 by Dutton banning the death penalty for someone convicted as a party
HB 330 by Riddle allowing certain extraneous offenses to be admitted in a child sex crime
HB 439 by Dutton restoring various rights to a person convicted of a crime
HB 734 by Murphy enhancing certain penalties for repeat/habitual misdemeanants
HB 820 by Taylor fixing a (non-existent?) loophole in the child porn offense
HB 990 by S. Thompson creating a decennial state commission to revise criminal laws
HB 1258 by Zedler creating a (weird?) stacking law for certain evading with a vehicle crimes
HB 1292 by Anchia relating to protective orders for certain sex/stalking/trafficking offenses
HB 1425 by Moody adding pets to the definition of property under the stalking law
HB 1436 by Lucio III mandating minimum jail terms for certain FV sentences/probations
HB 1562 by Harless relating to notice provided when a bail bond surety is in default
HB 1667 by Carter restricting the release on personal bond of certain repeat burglars
HB 1713 by Lozano reimbursing property owners for damage from certain criminal acts
HB 1845 by Gooden making capital murder of an elected prosecutor a capital crime
HB 1862 by Dutton legalizing switchblade knives in Texas
HB 2219 by Wu expanding the punishment for attempted murder
HB 2227 by Wu authorizing telephonic search warrants
HB 2258 by Moody making confidential certain witness names listed in an indictment
HB 2268 by Frullo relating to search warrants for certain electronically-stored information
HB 2403 by M. Gonzalez expanding the "Romeo & Juliet" defense to same-sex offenses
HB 2541 by Villalba enhancing FV offenses and mandating prison time for FV felony probations
HB 2587 by Justin Rodriguez relating to conditions placed on graffiti offenders
HB 2595 by Parker relating to restitution liens
HB 2653 by Allen authorizing probation officers to impose intermediate sanctions
HB 2678 by Moody relating to certain offenses in immigration detention facilities
HB 2803 by Toth mandating probation for a person's first three state jail felony convictions
HB 2988 by Canales requiring prosecutors to discover, identify, and disclose exculpatory information
HB 3062 by Herrero creating "Caylee's Law" in Texas (failure to report missing/dead child)
HB 3240 by Phillips creating an offense for delivering certain controlled substances to kids
HB 3334 by Hughes requiring all grand jury testimony to be recorded
HB 3336 by Hughes requiring judges to make various findings in drug cases
HB 3632 by Canales mandating rehab/education programs for certain minors
HB 3815 by Carter suspending a driver's license upon a 5th DWI conviction
House Human Services (10:30 a.m. or upon adjournment, E2.030)
HB 1396 by S. King requiring the collection of data relating to drug babies
HB 1947 by Burkett relating to the criteria for mental illness commitments
HB 2038 by Dukes relating to disproportionality and disparities in juvenile justice, etc.
HB 2495 by Parker relating to reporting child abuse/neglect at schools, etc.
HB 2620 by Collier creating a domestic violence task force
House Licensing & Administrative Procedures (11:00 a.m. or upon adjournment, E1.010)
HB 1012 by S. King creating a SJF offense for providing alcohol to a minor who injures another
HB 1013 by S. King expanding civil liability for providing alcohol to a minor who injures another
HB 1020 by Reynolds relating to alcohol programs for certain minors
Senate Criminal Justice (1:30 p.m. or upon adjournment, Room 1.016)
SB 357 by Hinojosa relating to protective orders for certain sexual/stalking/trafficking offenses
SB 834 by Estes making confidential the names of grand jurors
SB 892 by Carona creating defenses for certain OAG and US Attorney prosecutors with CHLs
SB 893 by Carona relating to the conditions of and penalties for violating certain protective orders
SB 991 by West expanding the release of inmates on medical parole
SB 1052 by Carona relating to search warrants for certain electronically stored information
SB 1292 by Ellis mandating pre-trial DNA testing of all biological material in a capital case
SB 1316 by Whitmire expanding the "Romeo & Juliet" defense to same-sex offenses
SB 1522 by Hegar authorizing bonds for parole violators pending their hearings
SB 1839 by Whitmire relating to the detention of certain juveniles in adult facilities
Senate Jurisprudence (1:30 p.m. or upon adjournment, Room 2E.20)
SB 915 by West relating to the automatic sealing of certain juvenile records
SB 1419 by West relating to funding for juvenile case managers
Wednesday, April 10
House Corrections (2:00 p.m. or upon adjournment, E2.010)
HB 1234 by Price limiting eligibility for early release for injury to a child/elderly/disabled
HB 1992 by W. Smith relating to inmate transfers following pronouncement of sentence
HB 2289 by Price, the TDCJ sunset bill
HB 2862 by McClendon relating to various procedures involving juveniles
Thursday, April 11
House Select Committee on Criminal Procedure Reform (10:30 a.m. or upon adj., E2.028)
HB 2804 by Toth creating a commission to study certain penal laws
Note that these committees may be hearing other bills that are not listed here and that these lists may change with little notice. Also, hearing notices for the House County Affairs Committee and the House Homeland Security and Public Safety Committee (which meet on Thursday mornings) are not usually received until after this update is distributed. Therefore, be sure to check all the applicable committee pages on the Texas Legislature Online. The bills listed above are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Quotes of the week. A few laughs, but mostly tears this week.
"I think the individuals in North Korea understand that Austin, Texas, is now a very important city in America, as do corporate CEOs and other people who are moving here in record numbers."
—Governor Perry, after North Korea allegedly included Austin on its list of nuclear missile targets.
"If everyone would take a deep breath and remember that the whole world sucks, America sucks less, and Texas during the deer season doesn't suck at all."
—Ted Nugent, musician, testifying at the Capitol on a bill relating to deer breeding and hunting.
"People were talking about how he might be next. But he wasn't just going to hunker down someplace and hide. He was going to do his job."
—Darrell Boltin, former grand juror in Kaufman County, providing a fitting epitaph for Kaufman County Criminal DA Mike McLelland.
"In this day and age, whether it's Gabby Gifford or a local county attorney, everybody has to be more attentive to security issues."
—State Rep. Phil King (R-Weatherford), commenting upon the recent events in Kaufman County.
"Those of us who have been in the courtroom seeking justice carry an especially heavy heart … we're wearing black ribbons on our lapels to honor the memory of those fine folks who have given so much to Kaufman County. … May they rest in peace, and may those who took them from us be brought to justice."
—State Rep. Joe Moody (D-El Paso), calling for a moment of silence on the floor of the Texas House yesterday. Rep. Moody joined State Reps. Gene Wu (D-Houston), Naomi Gonzalez (D-El Paso), Justin Rodriguez (D-San Antonio), and Stefani Carter (R-Dallas) and State Sens. Joan Huffman (R-Houston) and Jose Rodriguez (D-El Paso) in wearing black ribbons in memory of the Kaufman County victims. All seven are former TDCAA members.
"The people in my line of work are going to have to get better at it because they're going to need it more in the future."
—Kaufman Co. Criminal DA Mike McLelland, discussing how he handled the dangers of his job in an interview with the Associated Press a few days before his own death.
TDCAA Legislative Recap - Week 13
Written: Thursday, March 28, 2013
Posted: Monday, April 1, 2013
Discovery reform moves forward. On Tuesday, the Senate Criminal Justice Committee debated and approved a new version of SB 1611 by Ellis (D-Houston) and Duncan (R-Lubbock), now titled "The Michael Morton Act." The substitute version replaces the complex reciprocal discovery provisions of the filed version with simpler language that requires the State to provide offense reports and witness statements as part of standard discovery. The bill also codifies in the discovery law prosecutors' existing Brady and ethical duties to disclose exculpatory evidence and information. Finally, the bill allows a prosecutor to seek a protective order against disclosure of information that could endanger a victim, witness, or ongoing investigation. About a dozen prosecutors appeared in person to register support and/or concern for the bill. (To watch the debate, click on the video link for March 26, 2013; SB 1611 is the first bill discussed.) Those prosecutors who testified for the bill noted that while most offices now have robust open file policies, the failure to provide open-file discovery in the past has led to Brady problems that may still need to be addressed. That being said, several prosecutors raised concerns that the language protecting certain sensitive information from release onto the streets was still not ideal. Based on those concerns from one of her local DAs, Senator Joan Huffman (R-Houston) subsequently voted against the bill and Senator Dan Patrick (R-Houston) and Chairman John Whitmire (D-Houston) echoed her intent to clean up that language before approving the bill on the Senate floor.
Later that same day, the House Criminal Jurisprudence Committee considered a new version of HB 1426 by Moody (D-El Paso). The committee substitute for that House bill is similar to SB 1611 except that it provides better protection for sensitive information and the codification of Brady is limited to the constitutional dimension of exculpatory evidence, not any language drawn from the ethical rules. Unlike the Senate bill, HB 1426 was left pending in committee (in accordance with standard procedures in that committee), but it is also expected to be voted out of committee sometime next week.
Now that you know where everything stands, we bet you'd like to read the latest versions of these bills, wouldn't you? Unfortunately, the committee substitute process has not caught up to the Internet age so those documents are usually not available online until several days after a committee substitute has been voted out of committee. Rather than make you wait, we have obtained PDF copies of the latest versions of the two bills and temporarily posted them on our website. You can download and read both bills at http://www.tdcaa.com/content/discovery-bills. Please do so and then send us any comments by emailing Rob (but remember, new language to beef up the Senate bill's protections for sensitive information is still being crafted, so don't flip out over that just yet.)
Tweets from last night. Some of you may be familiar with the website "Texts From Last Night" (Warning: not always suitable for work) in which people post humorous phone texts they have received. We got to thinking about that in the context of our Twitter feed because earlier this week, we started our work day at 8:30 a.m. on Tuesday and finished it at 4:15 a.m. Wednesday morning thanks to a nine-hour House floor debate on school accountability followed by a nine-hour committee hearing in Criminal Jurisprudence on bills about discovery, drugs, drones, the death penalty, cell phone records, search warrants, sex offenders, voyeurism, asset forfeiture, and more. The result? Some humorous tweets induced by sleep deprivation, such as:
Shouldn't there be a rule that when a committee witness admits to no longer being "lucid" everyone gets to go home? #txlege #mercyrule
#CrimJur is officially the last committee standing, and more bills are to come. They make everything else a crime but not this? #txlege
#CrimJur still at it @ 2:30am. There is only one thing people should be making at 2:30 in the morning, and "laws" ain't it. #txlege
Spending the night in the Capitol Extension. That clock is A.M.! Worst. Slumber. Party. EVER. #txlege #crimjur
Session life: coming home after a #CrimJur all-nighter and finding the paper on your driveway with a story on a bill you heard 14 hrs ago
See what fun you're missing in Austin? Just remember, next time you wonder why some law is screwed up, it very well may have been written at 4:00 a.m.!
Floor action. The House has finally approved and sent to the Senate for consideration a bill we are following: HB 281 by Lucio III granting the family of a deceased peace officer a right to testify about a plea agreement. It will be another week or two before the full House debates other bills we are tracking, but across the dome, the Senate is moving at a more rapid pace. This week, the Senate sent the following bills to the House:
SB 12 by Huffman making admissible certain extraneous child sex offenses
SB 129 by Nelson expanding venue for filing protective orders
SB 130 by Nelson relating to prosecutors' ethical duties in certain protective order situations
SB 187 by Huffman revising the sentence scheme for 17-year-old capital murderers
SB 188 by Huffman expanding the type of agencies that may conduct wiretaps
SB 344 by Whitmire authorizing subsequent writs based on scientific evidence
SB 511 by Whitmire authorizing counties to establish local TYC-like facilities
SB 825 by Whitmire expanding State Bar grievance procedures involving prosecutors
Upcoming floor calendars. Notice of floor debates is sporadic and subject to change at any moment, so follow along by checking the latest House General Calendar or Senate Intent Calendar on your own. As for next week, the holiday means we have little insight into what will be debated next week. The House will take up SB 1, the state appropriations act, on Thursday, but that's about all we know over there. In the Senate, bills that could be debated next week include:
SB 122 by Jose Rodriguez authorizing the removal from office of an ISD trustee
SB 213 by Whitmire re-authorizing TDCJ and BPP (Sunset bill)
SB 275 by Watson making FSRA resulting in death a second-degree felony
SB 1395 by Estes relating to the regulation of dangerous wild animals
If you have questions about the House or Senate bills up for floor debate, contact Shannon.
Committee recap. The following bills were favorably voted out of a House committee this week:
HB 8 by S. Thompson increasing penalties, etc., for human trafficking
HB 137 by Raymond increasing penalties for gambling promotion and related activities
HB 528 by Syl. Turner restricting access to certain Class C records of minors
HB 570 by Alonzo relating to the issuance of an emergency protective order
HB 747 by Raymond expanding the duty of certain professionals to report child abuse or neglect
HB 1205 by Parker expanding the offense of failure to report child abuse or neglect
HB 1206 by Parker relating to law enforcement duties regarding certain missing children
HB 1216 by Craddick making reckless driving a Class B misdemeanor
Across the dome, Senate committees approved the following bills:
SB 92 by Van de Putte relating to pre-trial diversion of juvenile human trafficking victims
SB 121 by Jose Rodriguez expanding the Whistleblower Act
SB 299 by Estes revising the offense of unintentional display of a concealed handgun
SB 393 by West relating to deferred dispositions for minors accused of Class C misdemeanors
SB 1114 by Whitmire restricting the ability to cite students for certain Class C misdemeanors
SB 1237 by Schwertner authorizing victim-offender mediation in certain property crimes
SB 1611 by Ellis relating to criminal discovery
To read these bills, go to the Texas Legislature Online. Remember, House bills voted out of their initial committee must then be approved for debate by the secretive House Calendars Committee, so if you want a bill to be—or not be—debated, reach out to any friendly House members you know on that committee. In the other chamber, the Senate employs its traditional two-thirds rule to decide which bills senators will debate. If you have questions about how that works, contact Shannon and he can explain it.
Upcoming hearings. Check out next week's list of bills being considered in committee and then weigh in with any local legislators who are on those committees (and remember, this is a partial list):
Monday, April 1
House Government Efficiency & Reform (2:00 p.m. or upon adjournment, Room E1.026)
HB 1749 by Perry relating to a governmental body meeting by video conference call
HB 2414 by Button relating to open meetings held by video conference call
HB 2725 by S. Thompson relating to confidential records held by to human trafficking shelters
HB 3369 by Perry creating an office of inspector general
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, Room E2.012)
HB 1435 by Darby relating to various court clerk duties
HB 1530 by K. King relating to collection of certain fees by court clerks
HB 2302 by Hunter establishing a statewide electronic filing system fund and related fees
HB 3790 by Perry creating the Judicial Branch Certification Commission
HB 3381 by Hilderbran creating a new judicial district out of the 198th Judicial District
HCR 57 by Hunter requesting the creation of a joint interim committee to study human trafficking
Senate State Affairs (2:00 p.m. or upon adjournment, Senate Chamber)
SJR 34 by Duncan creating an appointment/retention system in lieu of partisan judicial elections
SB 577 by Duncan creating an appointment/retention system in lieu of partisan judicial elections
SB 103 by Dan Patrick eliminating straight-ticket voting for judicial offices
SB 1363 by Huffman relating to immunity for legislative witnesses
Tuesday, April 2
House Transportation (8:00 a.m., Room E2.012)
HB 1294 by Price relating to the dismissal of charges for failure to have/use a child safety seat
HB 2741 by Phillips relating to the county regulation of motor vehicles
HB 3048 by Phillips creating remedies for nonpayment of certain tolls
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, Room E2.016)
<Nothing posted yet; see the committee website later today a list of bills>
Senate Criminal Justice (1:30 p.m. or upon adjournment, Room 1.016)(*tentative*)
SB 263 by Huffman expanding synthetic cannabinoids (PG 2-A) and analogues
SB 264 by Huffman relating to synthetic hallucinogens (PG 2)
SB 336 by Jose Rodriguez relating to the qualifications for appointment as a medical examiner
SB 727 by L. Taylor making burglary with intent to commit sexual assault a 3g offense
SB 743 by Nelson creating an offense for repeated violations of a protective order/bond condition
SB 745 by Nelson relating to Crime Victims' Comp and sexual assault victims' services
SB 826 by Whitmire relating to notice of civil commitment
SB 970 by Huffman relating to the execution of a search warrant for DNA
SB 1173 by West authorizing post-confinement probation for state jail felons
SB 1234 by Whitmire relating to truancy
SB 1475 by Duncan relating to competency restoration
Senate Jurisprudence (1:30 p.m. or upon adjournment, Room 2E.20)
SB 209 by Huffman relating to the State Commission on Judicial Conduct (Sunset bill)
SB 947 by Nelson relating to adverse possession of real property by squatters
SJR 42 by Huffman relating to sanctions by the State Commission on Judicial Conduct
Wednesday, April 3
House Homeland Security & Public Safety (8:00 a.m., E2.030)
HB 104 by L. Gonzales repealing the driver responsibility program (DPS surcharges)
HB 790 by Syl. Turner repealing the driver responsibility program (DPS surcharges)
HB 323 by Dutton creating a legislative report on certain ALR outcomes
HB 1430 by Fletcher relating to the employment of certain injured peace officers
HB 1697 by Farrar relating to the employment of certain injured peace officers
HB 2147 by Hilderbran authorizing county officials to carry concealed handguns in a courthouse
House Corrections (2:00 p.m. or upon adjournment, E2.010)
HB 2854 by Miles automatically sealing certain juvenile records
HB 3407 by Riddle relating to assessments of juvenile victims of sex trafficking
Note that these committees may be hearing other bills that are not listed here and that these lists may change with little notice. Also, hearing notices for the House County Affairs Committee (which meets on Thursday mornings) are not usually received until after this update is distributed. Therefore, be sure to check all the applicable committee pages on the Texas Legislature Online. The bills listed above are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Quotes of the week. Short week = short quote list.
"Did I take it seriously? Hell, yeah. I always take death threats seriously."
—State Sen. John Whitmire (D-Houston), chairman of the Senate Criminal Justice Committee, commenting upon the news that the Mexican Mafia prison gang may have put out a hit on him because of poor conditions on death row. The incident turned out to be a false report.
That's all for now!
Legislative Recap - Week 12
Posted: Friday, March 22, 2013
We have (only?) 66 days left in this regular session. Things are about to get serious, as you will see from the committee hearing notices below. Not exactly any disasters of Biblical proportions yet, but we'll let you know when something merits mass hysteria. Meanwhile, here's the scoop from the past week and a peek forward to next week.
Speaking of dogs and cats living together ... As we told you last week, both the House Criminal Jurisprudence and Senate Criminal Justice Committees will hold hearings on discovery reform on Tuesday (3/26). The bill numbers are HB 1426 by Moody (D-El Paso) and SB 1611 by Duncan (R-Lubbock) and Ellis (D-Houston). (Oh, and HB 1625 by McClendon, but you can probably forget about that one.) You could look up these bills online for details, but there are likely to be new, as-yet-unrevealed committee substitutes that dramatically change most or all of the language in the bills. Therefore, we are going into the committee meetings on Tuesday still uncertain of what will be discussed or who will be on what side of which issue. (Crazy way to make policy, ain't it???) If you have questions about any of this, contact Rob. And in case you are wondering, we no longer take off weekends, so you don't have to wait until Monday if you don't want to.
Halfway there! The following bills have been approved by the Senate and now head across the dome for consideration by the House, where the same referral/committee hearing/committee vote/floor debate/floor vote process must occur again before the bill can be sent to the Governor:
SB 36 by Zaffirini relating to the detention and transportation of persons with mental illness
SB 68 by Nelson relating to the waiting period before human remains may be cremated
SB 222 by Watson expanding venue for certain computer crimes
SB 245 by West relating to the operation of child advocacy centers
SB 270 by Seliger permitting writ lawyers to access certain juror information from trial
SB 391 by West extending a defendant's obligation to pay beyond the expiration of his probation
SB 484 by Whitmire creating a prostitution prevention program (mandated in larger counties)
SCR 12 by Schwertner designating pecan pie as the official State Pie of Texas
SJR 13 by Eltife imposing term limits on non-judicial statewide elected officials
The House has yet to pass any bills that affect your business, but that will end next week.
Committee recap. The following bills were favorably voted out of committee:
HB 32 by Menendez increasing penalties for certain prostitution-related crimes
HB 434 by Riddle authorizing EMTs to draw mandatory blood in DWI investigations (Ch. 724)
HB 516 by Pitts allowing DWI blood search warrants to be executed in contiguous counties
HB 1658 by P. King requiring arrest and collection of a blood sample in certain DWI cases
HJR 42 by Larson imposing term limits on legislators and certain statewide non-judicial officers
SB 213 by Whitmire continuing the functions of TDCJ and BPP (sunset bill)
SB 262 by Huffman relating to reporting criminal history dispositions
SB 275 by Watson increasing the penalty for FSRA w/ fatalities to a 2nd-degree felony
SB 767 by Dan Patrick authorizing DNA collection upon conviction for jailable misdemeanors
SB 1238 by Hinojosa expanding the duties of the Texas Forensic Science Commission
To read these bills, go to the Texas Legislature Online. Remember, House bills voted out of their initial committee must then be approved for debate by the secretive House Calendars Committee, so if you want a bill to be—or not be—debated, reach out to any friendly House members you know on that committee. In the other chamber, the Senate employs its traditional two-thirds rule to decide which bills senators will debate. If you have questions about how that works, contact Shannon and he can explain it.
Floor debates. Now that bills are being approved by committees and sent on for consideration by the full House or Senate, we'll try to update you on what they will be considering. That is an inexact science due to the limited posting rules they must follow, but we'll do the best we can. For instance, on Tuesday the House will take up and consider HB 281 by Lucio III to grant to a family member of a peace officer killed in the line of duty the right to orally address the court before any plea bargain is reached in the resulting criminal case. Other than that, though, we don't have any information on House floor bills.
In the Senate, bills that could be debated next week include: SB 12 by Huffman (extraneous sex crimes admissible at trial), SB 188 by Huffman (expanding wiretaps), SB 344 by Whitmire (authorizing subsequent writs based on scientific evidence), and SB 825 by Whitmire (toughening prosecutor grievance procedures). If you have questions about the House or Senate bills up for floor debate, contact Shannon.
Upcoming hearings. Check out next week's list of bills being considered in committee and then weigh in with any of your local legislators who are on those committees (and remember, this is a partial list). There are some controversial bills up next week, so don't snooze through this list!
Monday, March 25
House Elections (11:00 a.m., E2.028)
HB 728 by Price making a person with a prior felony deferred adjudication ineligible for office
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.012)
HB 1043 by Lewis relating to the unauthorized duplication of certain recordings
HB 1366 by Lucio III revising certain procedures in juvenile and family law cases
House Pensions (2:00 p.m. or upon adjournment, E2.026)
HB 2432 by Murphy relating to theft from certain public retirement systems
HB 1577 by V. Taylor limiting retirement benefit eligibility after conviction for certain offenses
HB 1467 by Sheets limiting retirement benefit eligibility after conviction for certain offenses
Senate Ag, Rural Affairs, & Homeland Security (2:30 p.m. or upon adjournment, E1.012)
SB 987 by Hegar requiring the AG to sue local governments that try to regulate firearms, etc.
SB 1395 by Estes relating to the regulation of dangerous wild animals
Tuesday, March 26
House Transportation (8:00 a.m., Room E2.012)
HB 1294 by Price relating to the dismissal of charges for failure to have/use a child safety seat
HB 2741 by Phillips relating to the county regulation of motor vehicles
HB 3048 by Phillips creating remedies for nonpayment of certain tolls
House Human Services (8:30 a.m., Room E2.030)
HB 1205 by Parker revising and expanding the offense of failure to report child abuse/neglect
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, Room E2.016)
HB 1417 by S. Thompson reducing the penalty for certain POCS offenses
HB 2914 by S. Thompson requiring a usable amount to prosecute PG 1 POCS offenses
HB 1540 by Pitts relating to the prosecution of theft/fraud involving electronic transactions
HB 212 by Alonzo mandating pretrial hearings upon request in criminal cases
HB 996 by Giddings permitting electronic delivery of certain documents in a criminal case
HB 1125 by Lavender permitting JPs to conduct extradition waiver proceedings
HB 2230 by Wu authorizing orders of nondisclosure for certain fine-only misdemeanors
HB 899 by Perry protecting a victim's right not to talk to mitigation experts in capital cases
HB 167 by McClendon allowing commissioners to impose victim-offender mediation programs
HB 1625 by McClendon requiring reciprocal discovery in a criminal case
HB 1426 by Moody requiring reciprocal discovery in a criminal case (*but see above discussion!)
HB 2809 by Toth expanding the list of two-strike sex crimes that result in LWOP
HB 1608 by Hughes requiring search warrants for various cell phone-related records, etc.
HB 2371 by Leach creating the offense of voyeurism
HB 2090 by Canales relating to the language in which written custodial statements are recorded
HB 1849 by Carter listing/limiting the permissible uses of criminal asset forfeiture proceeds
HB 2130 by Herrero revising and clarifying penalties for the offense of evading arrest
HB 3060 by Herrero relating to the offense of tampering with a witness
HB 912 by Gooden criminalizing the capture/use of images from unmanned vehicles/aircraft
Senate Criminal Justice (1:30 p.m. or upon adjournment, Room 1.016)(*tentative*)
SB 299 by Estes de-criminalizing the unintentional display of a concealed handgun by a licensee
SB 481 by Hinojosa relating to out-of-state CHLs
SB 545 by Hancock relating to peace officers authorized to conduct a police escort
SB 669 by Whitmire restricting the forfeiture of bail bonds (and related changes)
SB 670 by Whitmire relating to the copying of juvenile files by others, including defense counsel
SB 686 by Huffman changing TCLEOSE's name
SB 786 by Hinojosa requiring search warrants for various cell phone-related records, etc.
SB 876 by Patrick releasing bail bond sureties from their liabilities after five years
SB 990 by West restricting criminal history record dissemination by a private entity
SB 1114 by Whitmire restricting the prosecution of certain Class C offenses at schools
SB 1289 by Williams regulating private businesses that publish mug shots, etc.
SB 1348 by West expanding the offense of unlawful transfer or purchase of certain weapons
SB 1611 by Ellis relating to reciprocal discovery in a criminal case
Senate Jurisprudence (1:30 p.m. or upon adjournment, Room 2E.20)
SB 946 by Nelson authorizing certain victims to terminate a lease w/o liability
SB 1237 by Schwertner authorizing ADR procedures, including victim-offender pretrial mediation
Wednesday, March 27
House Corrections (2:00 p.m. or upon adjournment, E2.010)
HB 517 by Pitts limiting the parole eligibility for certain habitual felony DWI offenders
HB 1566 by R. Miller authorizing the testing of a juvenile for certain STDs
HB 1567 by R. Miller authorizing post-disposition victim allocution in juvenile cases
HB 2069 by D. Bonnen relating to medical parole for certain violent inmates
HB 2544 by Rose relating to victim-offender mediation services offered by TDCJ
HB 2733 by White denying bail to certain offenders who commit offenses in TJJD facilities
Note that these committees may also be hearing other bills that are not listed here and that these lists may change with little notice. Also, hearing notices for the House Homeland Security & Public Safety Committee and the House County Affairs Committee (which both meet on Thursday mornings) are not usually received until after this update is distributed, limiting our ability to inform you about bills referred to those committees. Therefore, be sure to check all the applicable committee pages on the Texas Legislature Online. Also, these bills listed above are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Quote of the week. You know you love it.
"The Titus County Commissioners Monday did one of the smartest things I've ever seen them do, and then within minutes they went and did one of the stupidest things I ever saw."
—Lou Antonelli of the Mount Pleasant Daily Tribune, commenting upon the local dispute that led Titus County Attorney John Mark Coburn to seek an AG opinion on whether his local commissioners can bar him from bringing his 16-year old Dachshund to work.
That's all for now!
Legislative Recap - Week 10
Posted: Friday, March 15, 2013
Monday (March 18) will mark the mid-point of the 83rd Session. ("Beware the ides of session!") We almost made it to the halfway mark without a legislator or staffer being arrested for DWI—almost. But why should this session be any different from past sessions? Sadly, it's a long-standing Capitol tradition.
Latest discovery news. Thank you to those who provided Rob with feedback on SB 1611, the most recent reciprocal discovery bill draft. Many of you were less thrilled with SB 1611 than with its predecessor, SB 91 (and House companion HB 1426)—which makes sense, since the new bill represents an attempt to "fix" the original bill by some in the criminal defense bar. Negotiations on these bills continue, and your board of directors is taking a direct role in crafting compromise language as we speak. Stay tuned for more on that front next week, including a possible shift in focus that might break the deadlock. If that comes to pass, look for the discovery bills to be heard in committee either Tuesday, March 26 or Tuesday, April 2. If you have questions, contact Rob.
Mr. Morton goes to Austin. Williamson County exoneree Michael Morton testified before the Senate Criminal Justice Committee in favor of SB 825, the bill by Sen. Whitmire (D-Houston) to change how the State Bar's grievance system handles certain claims of prosecutorial misconduct. Specifically, the bill extends the statute of limitations regarding Brady-type claims in cases of wrongful conviction, and it removes the option of a private reprimand in any case involving a prosecutor's failure to disclose exculpatory information. Despite testimony from a representative of the State Bar that removing the private reprimand option may result in some marginal cases being dismissed rather than sanctioned, the committee unanimously approved the bill as written. Look for SB 825 to pass the full Senate before the end of the month and then head to the House, where advocates from the criminal defense bar hope to widen the bill's scope. We will keep you posted if that happens.
Tweet tweet. If you aren't following us on Twitter to get breaking news about what is happening in Austin as it happens, you are missing out on some gems, like these from last week:
#txlege looks at @JoanHuffman 's bill to help prosecutors in sex assault cases. There is lots of opp. Here's a look: http://www.texastribune.org/2012/12/18/bill-would-allow-other-accusations-sex-assault-cas/ …
.@brandigrissom writes about defense lawyers faulting proposed reciprocal discovery legislation. http://trib.it/13Q3rg3 #txlege
Rep. Dutton's #HB184 to reduce penalties on pot possession is now up in House #CrimJur. Cheetos salesmen are missing a sales opp. #txlege
How funny would it be if Capitol #DPS walked a drug dog through #CrimJur during the debate on #HB184 to reduce #marijuana penalties? #txlege
Three hours into #CrimJur testimony on #HB184 to lower marijuana penalties. Don't these people testifying have jobs?!? Oh, wait ... #txlege
We now have over 650 followers and we're adding more every day. Don't get left behind—follow us today!
Committee recap. The following bills were favorably voted out of committee:
HB 166 by McClendon creating a statewide innocence commission
HB 281 by Lucio III permitting dead officers' family members to contest plea bargains
HB 431 by Riddle authorizing the parole board to impose longer set-offs in child injury cases
HB 625 by Harper-Brown creating a penalty for operating a vehicle without a license plate
HB 1216 by Craddick making reckless driving a Class B misdemeanor
SB 12 by Huffman making some extraneous offenses admissible in the trial of certain sex offenses
SB 129 by Nelson expanding venue for filing protective order applications
SB 130 by Nelson relating to a prosecuting attorney's conflict of interest in certain family matters
SB 187 by Huffman complying with the Miller v. Alabama decision (juvenile LWOP)
SB 188 by Huffman expanding the use of the wiretap law by local law enforcement agencies
SB 222 by Watson expanding venue for filing certain computer-related crimes
SB 344 by Whitmire authorizing subsequent writs based on scientific evidence
SB 369 by Whitmire removing employer information from the public sex offender registry
SB 462 by Huffman regulating specialty courts
SB 484 by Whitmire authorizing/requiring specialty courts for prostitutes
SB 511 by Whitmire authorizing counties to operate their own "mini-TYC" facilities
SJR 13 by Eltife imposing term limits on certain statewide non-judicial offices
To read these bills, go to the Texas Legislature Online. Remember, House bills voted out of their initial committee must then be approved for debate by the secretive House Calendars Committee, so if you want a bill to be—or not be—debated, reach out to any friendly House members you know on that committee. In the other chamber, the Senate employs its traditional two-thirds rule to decide which bills senators will debate. If you have questions about how that works, contact Shannon and he can explain it.
Upcoming hearings. Spring Break is over and the Legislature is ready to shift into third gear. (Yes, this is only third gear.) Check out next week's list of bills being considered in committee and then weigh in with any of your local legislators who are on those committees (and remember, this is a partial list!):
Monday, March 18
House Government Efficiency & Reform (2:00 p.m. or upon adjournment, E1.026)
HB 1632 by Fletcher making confidential the DOB of an employee of a prosecutor's office
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.012)
HB 8 by S. Thompson revising statutes and increasing punishments related to human trafficking
HB 1272 by S. Thompson expanding the duties of the Human Trafficking Task Force
HB 1278 by Lozano adding the 79th DA to the Professional Prosecutor Act
HB 2064 by Gooden relating to unsworn declarations made by certain public employees
Senate Open Government (2:00 p.m. or upon adjournment, 2E.20)
SB 457 by Jo. Rodriguez relating to the confidentiality of autopsy photos and x-rays
Tuesday, March 19
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, Room E2.016)
HB 23 by Martinez Fischer restricting sex offenders' use of social networking websites
HB 73 by Fletcher enhancing penalties for burglary while evading arrest
HB 133 by Raymond creating a DWI registry
HB 508 by Guillen creating an offense for providing false CHL criminal trespass information
HB 1010 by S. King creating an offense for touching a child in an offensive or sexual manner
HB 1063 by Hernandez Luna expanding the collection of DNA samples to misdemeanor arrests
HB 1284 by Johnson creating an offense for calling in a bomb threat to a college
HB 1322 by Fletcher sealing certain applications/orders for mobile tracking devices
HB 1344 by Canales expunging records relating to most deferred adjudications
HB 1790 by Longoria authorizing a court to retroactively reduce a state jail felony conviction to a misdemeanor upon completion of probation
HB 2441 by Parker prohibiting a judge from rendering a directed verdict
HJR 39 by Burkett denying bail to certain repeat violent or sexual offenders
House Licensing & Administrative Procedure (noon or upon adjournment, Room E1.010)
HB 421 by S. Thompson expanding liquor sales to Sundays
HB 1269 by Martinez Fischer requiring certain establishments to offer nonalcoholic beverages
Senate Criminal Justice (1:30 p.m. or upon adjournment, Room 1.016)
SB 213 by Whitmire relating to the continuation of TDCJ and BPP (sunset legislation)
SB 275 by Watson making hit-and-run fatalities a second-degree felony
SB 345 by Whitmire abolishing state boot camps
SB 354 by West permitting e-mail transmission of certain writ documents
SB 367 by Whitmire relating to the disposition of certain property seized upon arrest
SB 555 by Davis closing a loophole in last session's "pet protective order" bill
SB 701 by Hegar providing certain utility employees with a criminal trespass defense
SB 742 by Carona relating to missing, abducted, or exploited children
SB 767 by Dan Patrick expanding the collection of DNA samples to misdemeanor arrests
SB 821 by Schwertner relating to theft or fraud involving electronic transactions
SB 1185 by Huffman creating a mental health jail diversion pilot program
SB 1238 by Hinojosa relating to the duties of the Texas Forensic Science Commission
SB 249 by Dan Patrick expanding the offense of breach of computer security
SB 262 by Huffman relating to the reporting of criminal history disposition data
SB 592 by Ellis imposing caseload limits on attorneys appointed to represent indigent defendant
Senate Jurisprudence (1:30 p.m. or upon adjournment, Room 2E.20)
SB 915 by West automatically sealing certain juvenile records
SB 966 by West regulating court reporters, process servers, court interpreters, and others
SB 1146 by West establishing a statewide electronic filing system fund
SB 1147 by West authorizing local fees for the use of electronic filing systems
Wednesday, March 20
House Corrections (2:00 p.m. or upon adjournment, E2.010)
HB 497 by Hernandez Luna restricting access to certain Class C records of a minor
HB 528 by Syl. Turner restricting access to certain Class C records of a minor
HB 1567 by R. Miller authorizing post-disposition victim allocution in juvenile cases
HB 2440 by Parker extending a defendant's obligation to pay court-ordered restitution
HB 2443 by Parker shrinking the Texas Juvenile Justice Board (including the prosecutor seat)
Note that these committees may also be hearing other bills that are not listed here and that these lists may change with little notice. Also, hearing notices for the House Homeland Security & Public Safety Committee (which meets on Thursday mornings) are not usually received until after this update is distributed, limiting our ability to inform you about bills referred in that committee. Therefore, be sure to check all the applicable committee pages on the Texas Legislature Online. Also, these bills listed above are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Newly-filed bills. We're done with this category and we're not looking back! But before we leave this topic, we thought we'd share with you a cool webpage that helps visualize some of the bill-filing facts and figures we've been sharing with you for the past two months. To see it, visit the Texas Tribune's treemap webpage.
Quotes of the week. We end with everyone's favorite segment.
"Prosecutorial misconduct is not a huge, widespread pandemic. Most of the prosecutors are good guys. They're doing the good work that needs to be done; they're representing all of us. But it happens. There are some bad apples out there."
—Michael Morton, exoneree, testifying before a Senate committee in favor of SB 825 to revise grievance procedures against prosecutors accused of Brady violations that result in wrongful convictions.
"What would Michael Morton do?"
—State Sen. John Whitmire (D-Houston), author of SB 825, explaining his office's new mantra when faced with challenging circumstances.
"… and frankly, this is all unnecessary merely to merely [sic] assuage the need of a certain interest group to justify their existence to an outside contributor of a grant to 'clean up Texas.'"
—Bobby Mims, President-Elect of the Texas Criminal Defense Lawyers Association (TCDLA), in a letter to State Sen. Rodney Ellis (D-Houston), author of the reciprocal discovery bills (SB 91/SB 1611), conveying TCDLA's intention to "vigorously oppose" those bills and blaming the Texas Defender Service for selling out the defense bar on this issue.
"I grew up in New York and I moved to Texas, where I'm glad I can have a gun and a Big Gulp."
—Glenn Meyer, professor at Trinity University, testifying in favor of bills that would allow concealed carry on higher education campuses.
That's all for now!
Legislative Recap - Bill Filing Summary
Posted: Tuesday, March 12, 2013
Well, we did it—we survived "Billageddon 2013." The Legislature filed over 1,600 measures during last Thursday and Friday alone in order to beat the bill-filing deadline for this session, but we think we are all caught up. (And no, we didn't have a very nice weekend, so don't ask.) Rather than wait until Friday, we thought we'd send this update early so that we can turn the page on this category and move on to the work of monitoring committee and floor action.
Statistics for the curious. Now that we have categorized most of the bills, here are some numbers that might interest/excite/depress/puzzle you:
Bills filed in 2009: 7,325 (the all-time record)
Bills filed in 2011: 5,873 (a 20% decrease from previous session)
Bills filed in 2013: 5,953 (a 1% increase from previous session)
Bills tracked by TDCAA in 2013: 1,336 (22.4% of the total)
2013 bills by category:
Penal Code 225
Trans. Code 109
Bail bonds 16
Civil 29
CPS-related 42
Death penalty 36
Drugs 34
Family violence 32
Gambling 34
Guns 81
Human trafficking 30
Juveniles/minors 75
Sex offenders 63
New felonies 37
New A/B misds. 113
New C misds. 61
Penalty Enhancements 92
Penalty Reductions 39
New CA/DA duties 47
Newly-filed bills. Here is it, the final list of new bills. Obviously, we can't summarize all of them for you, but these are some to put on your radar for now. (And if you think this list is mind-numbing, just imagine how much fun we had reading a dozen other bills for every one listed here!) You'll want to pay special attention to the bills marked with an asterisk.
HB 2804 by Toth creating a commission to review criminal offenses in state law
HB 2825 by K. King authorizing centralized sex offender registration authorities
HB 2842 by Wu revising penalties for engaging in organized criminal activity
HB 2849 by White lowering penalties for criminal mischief and graffiti
HB 2867 by Carter expanding forfeiture of vehicles used in DWI cases
HB 2868 by Carter permitting execution of a DWI blood warrant anywhere in the state
HB 2890 by Syl. Turner consolidating criminal court costs
HB 2914 by S. Thompson setting a weight threshold for certain POCS cases
HB 2964* by Alonzo authorizing new writ remedies for Padilla and other plea errors
HB 2988* by Canales imposing duties on prosecutors to disclose exculpatory evidence
HB 3004 by Allen authorizing TDCJ (not the judge) to issue credits to SJF confines
HB 3018* by Gutierrez relating to prosecutors' budgets
HB 3027 by Zedler relating to squatters who claim adverse possession of real property
HB 3062 by Herrero creating Caylee's Law relating to dead or missing children
HB 3117 by Burkett authorizing the AG to settle certain environmental suits by counties
HB 3134 by Lucio III creating the offense of capital murder of a prosecutor
HB 3138 by Sheets relating to money laundering and bank fraud and forfeitures
HB 3192 by Otto relating to the operation of the special (prison) prosecution unit
HB 3220* by Springer creating a presumption regarding evidence of prior convictions
HB 3241* by S. Thompson creating a civil action of racketeering and authorizing the OAG to use it to intervene in pending human trafficking investigations
HB 3259 by Wu relating to child advocacy center videos
HB 3275 by Simmons criminalizing the use of certain secret compartments in vehicles
HB 3297 by Guillen expanding the use of the wiretap law to certain offenses
HB 3336 by Hughes requiring certain findings before sentencing certain drug offenders
HB 3381 by Hilderbran dividing up the 198th Judicial District
HB 3402 by Raymond granting a child a privilege not to testify against a parent
HB 3403 by Raymond granting a parent a privilege not to testify against a child
HB 3458 by Eiland returning evading with a motor vehicle to a state jail felony
HB 3479 by Simpson restricting certain interrogation techniques
HB 3575* by Fallon authorizing (only) the AG to prosecute certain public integrity crimes
HB 3588 by Gutierrez relating to the consequences for official oppression
HB 3617* by Burnam making capital murder by offenders under 18yoa a 1st-degree felony
HB 3727* by Raymond increasing hot check collection fees
HB 3743 by Wu authorizing state's appeals in certain juvenile cases
HB 3765 by Coleman revising the insanity defense
HB 3773 by Coleman limiting the use of deadly force in defense of person or residence
HB 3774 by Coleman revising the insanity defense and related procedures
SB 213* by Whitmire to re-authorize TDCJ (the TDCJ sunset bill)
SB 1111 by Duncan dividing up the 198th Judicial District
SB 1187 by Huffman reducing the time period to restore certain defendants to competency
SB 1211 by West permitting expunction of deferred adjudication records
SB 1238 by Hinojosa relating to the duties/authority of the Forensic Science Commission
SB 1270* by West prohibiting seeking/imposing the death penalty on a racial basis
SB 1285 by Williams relating to the operation of the special (prison) prosecution unit
SB 1291 by Ellis making POCS < 0.02g a Class C misdemeanor for PG 1 substances
SB 1292 by Ellis requiring the DNA testing of all biological material in a capital case
SB 1349 by West limiting the use of deadly force in defense of person or property
SB 1360 by J. Rodriguez relating to forfeiture by wrongdoing
SB 1363 by Huffman relating to legislative grants of testimonial immunity
SB 1416 by Deuell restricting self-defense claims by felons who possess weapons
SB 1428* by Hinojosa retroactively reforming juvenile LWOP sentences
SB 1439 by West moving various evidence statutes from the CCP to the Occupations Code
SB 1512* by Ellis granting the media access to certain crime scene photos/videos
SB 1611* by Ellis relating to discovery in a criminal case
SB 1645 by Williams adding Carisoprodol and other substances to PG 3
SB 1661 by Estes relating to organized criminal activity and human smuggling
SB 1738* by J. Rodriguez relating to the defense/indemnification of county officials
SB 1757 by Uresti criminalizing the possession/use/etc. of a license plate flipper
As always, to follow these and other bills, visit the Texas Legislature Online or contact Shannon for more information.
Upcoming hearings. There was one hearing for this week that was not posted in time for inclusion in our Friday update, so we'll add it here:
Thursday, March 14
House Homeland Security & Public Safety (8:00 a.m., E2.010)
HB 434 by Riddle authorizing EMTs to draw blood in DWI cases under Trans. Code Ch. 724
HB 435 by Syl. Turner prohibiting peace officers from drawing blood in DWI cases
HB 1658 by P. King requiring blood draws in certain DWI investigations
HB 1038 by Eiland expanding DNA collection upon arrest to all jailable offenses
HB 972 by Fletcher allowing concealed carry on college campuses
HB 1313 by Creighton allowing concealed carry on college campuses
HB 1078 by Kleinschmidt allowing concealed carry on college campuses
HB 706 by Capriglione allowing concealed carry on college campuses
HB 1009 by Villalba creating "school marshals" in public schools
HB 1298 by Stickland allowing concealed carry at any public or private school or college
HB 700 by Lavender authorizing open carry in Texas
HB 1194 by Paddie authorizing open carry in Texas
For the full details of the latest committee postings, check the Texas Legislature Online. All of these bills are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
That's all until Friday. Look for our next update then!
Legislative Recap - Week IX
Posted: Friday, March 8, 2013
Today is the 60th day of the 83rd Session, marking the official bill filing deadline. More than 700 bills were filed yesterday alone. Who needs Spring Break when you can spend your weekend reading the nearly 2,000 bills that have been filed during this past week? (Yes, we are living the dream here in Austin!) While we gear up for committee hearings next week on prosecutorial misconduct, DWI consequences, drug crime reductions, guns, guns, more guns, and other issues, please be patient with us on the information front. We promise to spend the weekend digging out from under the avalanche of bad amendments, wishful thoughts, and generally misguided legislative ideas being filed before today's deadline, but if we don't cross that finish line before Monday, have mercy on us.
State of the Judiciary. Chief Justice Wallace Jefferson gave his State of the Judiciary Address on Wednesday, which provided an excellent opportunity for staff at the Capitol to get caught up on their backlog of bills as their bosses all sat attentively and pretended to listen. As for details, the Chief asked the Lege for more money for civil legal aid, more money for criminal indigent defense, more money for modernizing the courts, and more money for judicial salaries. (Wait, what? Sorry, the state's highest-salaried jurist didn't actually say anything about judicial salaries.) Chief Justice Jefferson then discussed wrongful convictions, highlighting the Michael Morton case as an example of why the Legislature should create an Innocence Commission to help change the state's criminal justice system. He also questioned the criminalization of school disciplinary problems and recommended removing these behavioral problems from the courts. For all those details and more, read the transcript here (PDF version).
Sixth time the charm? Speaking of an innocence commission, boy howdy did the House Criminal Jurisprudence Committee love that idea earlier this week! After hearing from a parade of exonerees who supported HB 166 by McClendon (D-San Antonio), several Republicans joined with some Democrats on the committee to sign on as joint authors of the bill and talk about how important such a commission was to preventing the scourge of prosecutorial misconduct, etc. etc. This idea of an Innocence Commission has been filed every session since 2003 without success, but criminal justice progressives and death penalty opponents must be giddy at the irony of finally getting support from the political right for their pet cause.
Discovery changes. Negotiations on language for a reciprocal discovery bill were (finally) held this week after some in the criminal defense bar apparently came to grips with the fact that this concept may become law whether they like it or not. Due to the late timing of these talks, however, something unusual is happening. Today, a new reciprocal discovery bill was filed as SB 1611. The text of that bill (which should be available online by Monday, if not sooner) represents a rough draft of the latest negotiations over this topic. The point of filing this draft language as a separate bill is to make it easier for everyone to read the new language and provide feedback before a final version is drafted. With that in mind, please read new SB 1611 and then contact Rob with your thoughts on those concepts.
Committee recap. Committees are finally starting to vote bills out of committee. This is a required step before the bill can become eligible for debate and approval by the full House or Senate, assuming no member of the House Calendars Committee places a hold on a bill in the House or, in the Senate, 11 or more senators don't object to a bill being considered under that chamber's "two-thirds rule." In general, only half of all filed bills get a committee hearing, and many of those never make it out of that committee, but, if a bill does get approved by a committee, its chances of passage are almost 50 percent. That's why this weekly category of bills is important to review. With that in mind, the following bills were favorably voted out of committee this week:
HB 63 by Craddick restricting the use of wireless communication devices while driving
SB 394 by West restricting access to records involving certain juveniles charged w/ Class Cs
Upcoming hearings. You might be taking a vacation next week, but now that the bill filing period is over, legislators are ready to get down to serious work. If you doubt us, check out next week's list of bills being considered in committees, including some we've been discussing in this space for the past month or more (and remember, this is a partial list!):
Monday, March 11
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.012)
HB 349 by Canales requiring electronic filing of criminal court documents in Hidalgo County
HB 469 by Hernandez Luna reducing the minimum experience to serve as a visiting judge
HB 1188 by S. Thompson limiting the liability of a person who employs an ex-con
HB 1228 by Dukes permitting consideration of sex abuse-related conduct in certain SAPCR suits
House Pensions (2:00 p.m. or upon adjournment, E2.026)
HB 1084 by Callegari authorizing local governments to offer deferred compensation plans
Senate Agriculture, Rural Affairs, & Homeland Security (2:30 p.m. or upon adj., E2.012)
SB 361 by Watson requiring CCP Art. 15.17 warnings to include immigration references
Tuesday, March 12
House Transportation (8:00 a.m., Room E2.012)
HB 657 by Lavender requiring motor vehicles to display only one rear license plate.
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, Room E2.016)
HB 32 by Menendez increasing prostitution penalties and requiring sex offender registration
HB 184 by Dutton reducing penalties for possession of marihuana & synthetic cannabinoids
HB 220 by Price permitting a court to stack certain injury to a child cases
HB 260 by Callegari requiring ignition interlocks for certain DWI convictions
HB 570 by Alonzo relating to emergency protective orders
HB 823 by Anchia requiring CCP Art. 15.17 warnings to include immigration references
HB 833 by Giddings relating to transcripts made in non-capital writ applications
HB 879 by Burnam removing certain information from the sex-offender registry
HB 1082 by Gooden expanding intoxication assault to include bodily injury
HB 1192 by Moody relating to the qualifications for appointment as a medical examiner
HB 1242 by Geren authorizing a probation violation "warning" that includes jail confinement
House Human Services (10:30 a.m. or upon adjournment, Room E2.030)
HB 1100 by Otto relating to the operation of children's advocacy centers
HB 1206 by Parker relating to law enforcement duties in certain missing child cases
House Licensing & Administrative Procedures (noon or upon adjournment, Room E1.010)
HB 232 by Guillen allowing minors in rural areas to perform community service for MIPs, etc.
HB 337 by Zedler regulating sexually-oriented businesses regarding human trafficking
HB 575 by Anchia repealing administrative immunity for certain alcohol permit-holders
Senate Criminal Justice (1:30 p.m. or upon adjournment, Room 1.016)
SB 12 by Huffman making extraneous sex acts admissible in certain trials
SB 107 by West limiting public access to information subject to an order of non-disclosure
SB 187 by Huffman creating a life sentence with parole for 17-year-old capital murderers
SB 188 by Huffman expanding the use of laws to intercept certain communications
SB 222 by Watson expanding venue for the prosecution of certain computer crimes
SB 249 by Patrick relating to the offense of breach of computer security
SB 252 by West relating to transcripts made in non-capital writ applications
SB 262 by Huffman relating to criminal disposition completeness reporting
SB 270 by Seliger permitting successor defense counsel access to certain juror information
SB 344 by Whitmire authorizing subsequent writs based on scientific evidence
SB 358 by Hinojosa prohibiting the use of polygraph information for probation revocations
SB 369 by Whitmire relating to public information on the sex offender registration system
SB 462 by Huffman regulating specialty courts
SB 484 by Whitmire creating/requiring (depending on the county) prostitution diversion courts
SB 511 by Whitmire relating to certain juvenile commitments in some counties
SB 592 by Ellis restricting the assignment of indigent clients based on attorney caseloads
SB 825 by Whitmire changing disciplinary rules for prosecutors accused of Brady violations
Senate Jurisprudence (1:30 p.m. or upon adjournment, Room 2E.20)
SB 129 by Nelson relating to protective order venue
SB 130 by Nelson relating to prosecutors' representation of protective order applicants
Wednesday, March 13
House Corrections (2:00 p.m. or upon adjournment, E2.010)
HB 512 by S. Thompson expanding medical parole for certain 3g & sex offenders
HB 877 by Allen establishing the TDCJ Oversight Committee
HB 1543 by Allen expanding the jurisdiction of the TJJD ombudsman
House Select Cmte. on Federalism & Fiscal Responsibility (2:00 p.m. or upon adj., E2.036)
HB 553 by Otto criminalizing the enforcement of federal firearms regulations in Texas
HB 627 by Krause exempting Texas gun manufacturers from federal regulation
HB 872 by Laubenberg exempting Texas gun manufacturers from federal regulation
HB 928 by Krause criminalizing the enforcement of federal firearms regulations in Texas
HB 1049 by Laubenberg prohibiting the enforcement of federal firearms regulations in Texas
HB 1076 by Toth criminalizing the enforcement of federal firearms regulations in Texas
HB 1314 by Creighton criminalizing the enforcement of federal firearms regulations in Texas
HCR 63 by Sanford scolding the federal government for coming between Texans and their guns
Note that these committees may also be hearing other bills that are not listed here and that these lists may change almost without notice. For the full details, check the applicable committee pages on the Texas Legislature Online. Also, all of these bills are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Newly-filed bills. We are way, way, WAY behind on reading bills that were filed this past week. We hope to be caught up with all the filings by Monday, but until then, here are some bills to put on your radar that were filed in the early part of this week before our eyes glazed over and we threw in the towel.
HB 2115 by Frullo expanding the authority and duties of the HHS inspector general
HB 2123 by Guillen regulating game rooms
HB 2130 by Herrero clarifying the punishments for evading arrest
HB 2131 by Dutton requiring the pre-trial diversion of certain DWI-1st offenses
HB 2147 by Hilderbran relating to carrying concealed handgun in courthouses
HB 2167 by Y. Davis removing a state/local official for refusing to enforce the law
HB 2172 by Lucio III relating to penalties for repeat violations of bond/protective orders
HB 2229 by Wu increasing the penalty for leaving the scene of a hit-and-run fatality
HB 2268 by Frullo relating to search warrants for electronically-stored communications
HB 2291 by Lozano correcting Finance Code references in the asset forfeiture statute
HB 2344 by Zedler increasing penalties for smuggling people
HB 2346 by Zedler criminalizing the possession/use/sale/etc. of a license plate flipper
HB 2371 by Leach creating the criminal offense of voyeurism
HB 2381 by Isaac regulating the carrying of a concealed handgun in certain places
HB 2396 by G. Bonnen increasing the penalty for FV assault in a child's presence
HB 2403 by M. Gonzalez applying the "Romeo & Juliet" defense to same-sex cases
HB 2405 by Wu requiring counties to report use of cite & release for certain misdemeanors
HB 2418 by Fletcher creating an offense for the production/delivery of marihuana plants
HB 2613 by Walle granting certain public defenders access to criminal history systems
HB 2634 by Flynn allowing defendants on probation to select their community service
HJR 103 by Simpson allowing certain counties to have fewer than four JP precincts
SB 977 by West permitting electronic filing of petitions for non-disclosure
SB 990 by West regulating criminal history information disseminated by private entities
SB 991 by West increasing 3g & sex offenders' eligibility for medical parole
SB 1043 by J. Rodriguez permitting successor defense counsel access to juror information
SB 1044 by J. Rodriguez granting certain public defenders access to criminal histories
SB 1237 by Schwertner allowing mediation in certain criminal cases
As always, these are just a few of the bills filed this week that could impact your business. To follow these and other bills, visit the Texas Legislature Online, or you can contact Shannon for more information.
Quotes of the week. We end with everyone's favorite segment.
"The era of big paper is over."
—Chief Justice Jefferson, explaining in his State of the Judiciary Address why courts should modernize and adopt more paperless practices.
"Prosecutor misconduct, that is the thing that is causing all of these problems."
—Johnny Lindsey, exonerated in Dallas in 2008, explaining why he supports HB 166 to create a Texas Innocence Commission—even though the Innocence Project attributes his wrongful conviction to eyewitness misidentification, not prosecutorial misconduct.
"They leave us with the distinct impression that we today suffer from a systemic deficit in our collective approach to the way we decide how to administer criminal justice."
—Chief Justice Wallace Jefferson, speaking about Texas' exonerations during his State of the Judiciary Address.
"We need lawyers who do the work, not politicians who do a meeting. We need a fully funded Innocence Project, and I know how to do that. Give me $750,000 a year and I'm going to give them something to talk about. Politicians waste time trying to create an agency to talk about these exonerations, but there aren't going to be any exonerations unless you have lawyers getting these people out."
—Jeff Blackburn, founder of the Innocence Project of Texas, explaining in a recent interview why he thinks efforts to create an Innocence Commission are misdirected.
"The worst-case scenario for us is the sequester hits and nothing bad really happens. And Republicans say: See, that wasn't so bad."
—Emily Holubowich, a health-care lobbyist and opponent of the federal sequester cuts, as quoted in the Washington Post.
"Say what you like about those Mayan guys, but they only schedule an apocalypse once every 5,126 years. Only Washington would try to pull it off every six weeks."
—Mark Steyn, conservative columnist, writing about the federal "sequestageddon."
"Congress did not reach an agreement, and Congresswoman Maxine Waters said 170 million jobs could be lost. There are only 155 million workers in America. Are you beginning to understand why we're in this situation in the first place?"
—Jay Leno
That's all for now!
TDCAA Legislative Recap - Week VIII
Posted: Friday, March 1, 2013
Happy March 1st! It's a big day, depending upon where you are. In Rome, the Pope's seat is vacant. In Washington, the sequester has hit. And in Austin … the local politburo's citywide ban on plastic grocery bags goes into effect. Needless to say, that last story is the topic of most water cooler conversations here in the Live Music Capital of the World™. As for action over at the state capitol, though, things are still at a low simmer, even though fewer than 90 days remain in the 83rd Regular Session. With that in mind: Do you know happens when a butcher crams three pounds of bologna into a two-pound bag? If not … well, you're about the see the legislative equivalent of that resulting mess. Don't say we didn't warn you!
County retirement bill is dead. As we previously predicted, the author of the bill to roll back TDCRS yields has decided not to pursue that concept this session. State Rep. Rob Orr (R-Burleson), who filed HB 958 on behalf of a county judge outside his district, has taken stock of the situation and chosen discretion (and good common sense) over valor. Kudos to Rep. Orr for his decision. Of course, we have known for some time this bill was not going anywhere, but let this be a good reminder to those of you who got worked up about this bill based on information from other sources. Remember: Half of all filed bills are dead on arrival and don't merit concern.
Thar' she blows! For those of you who have followed attempts over the past decade to create a statewide innocence commission, it's time to once again pop some popcorn and watch the re-run in Austin. Next week, the House Criminal Jurisprudence Committee will hear testimony on HB 166 by McClendon (D-San Antonio), which would create a nine-member "Timothy Cole Exoneration Review Commission" to review all cases in which an innocent person was convicted and exonerated for the purposes of recommending future changes in law. In addition, this session's version of the bill would charge the new commission with reviewing every writ ruling (ever?) issued by the CCA to identify misconduct by judges, prosecutors, and defense lawyers and report that conduct to the State Bar, the State Commission on Judicial Conduct, or the Attorney General's Office (?!?) for action. And there's more in the bill, too—read it yourself for all the details.
For those who don't recall, last session's version of this bill (HB 115 by McClendon) made it out of committee (after no one testified against it), made it to the House floor, and received an initial vote of support (82-54) before it was eventually defeated on third reading by a mostly party-line vote of 91-51 after some heated debate. Look for a repeat of that nasty floor fight if the bill gets that far this session. But whether you're for it or against it, the topic will be debated next week, so come on down and/or contact committee members if you have an interest in this topic. For more historical information on the bill, contact Shannon.
"Prosecutor accountability" bill gets filed. Senator John Whitmire (D-Houston) has filed SB 825 at the request of Williamson County exoneree Michael Morton. (An identical companion was filed in the House as HB 1921 by S. Thompson [D-Houston]). The bill would change the State Bar's grievance system in two ways: (1) the four-year statute of limitations for Brady-related grievances would not start to run in a wrongful conviction case until the exoneree is released from prison; and (2) prosecutors would be ineligible for a private reprimand from the Bar in Brady-related grievances. If you have been paying attention to our past briefs on this issue, these changes should not surprise you; this topic was discussed in the Association's report on prosecutorial misconduct, and some prosecutors who are up to speed on the issue have already expressed qualified support for the change (while reserving the right to seek a tweak here or there). And that is important, because this bill will be heard in the author's own committee (probably on March 12), so it almost certainly will be voted out of committee on that date, and the full Senate almost certainly will approve it when it reaches them a week or two later. That doesn't mean that the language can't be altered along the way if there are specific concerns about it, but it does mean that prosecutors must read the bill now and then contact Rob with any questions, concerns, or suggestions—not because we can make them for you, but because we can tell you how to be most effective in doing that.
New report issued on discovery. Some of you may recall getting an open records request from Texas Appleseed, a social justice non-profit, asking for details about your local discovery policy. Based on those responses, Appleseed partnered with the Texas Defender Service (a non-profit that represents death row inmates) to issue a report that faults Texas' current criminal discovery system for falling short of various ABA recommendations calling for greater sharing of information between prosecutors and defense attorneys. Those ABA recommendations includes reciprocal criminal discovery, which (as the report points out) is used pretty much everywhere else in these United States except for Texas. The Appleseed report provides general support for SB 91 by Ellis (D-Houston), the primary vehicle for discovery reform this session. But don't take our word for it—read the report yourself (and check to see if you are praised or criticized!) by clicking here (PDF version). And again, contact Shannon or Rob if you want to get involved for, against, or on this topic.
DPS lab budget update. For those of you struggling with lab result backlogs, we have some potential good news. The House Appropriations Committee approved additional funding for the DPS crime labs to hire 28 additional lab-related personnel (at a cost of $8.75 million). The hope is that this will help reduce the time required to complete testing of evidence. In addition, a second "exceptional item" will provide almost $11 million to help DPS expedite the analysis of tens of thousands of untested sexual assault kits that law enforcement agencies have collected throughout the state. However, before you get too excited, remember that this is just a preliminary approval, and only by one committee—the full House must also approve this expenditure, and then the Senate must also agree. Over in that other chamber, the Senate Finance Committee has yet to decide on these two exceptional items, so if you know any members of that committee, now would be a good time to ring them up and chime in with your support for these two items (DPS exceptions items #17 [crime lab] and #18 [rape kits]).
Committee recap. Committees are hearing more bills, but many wait for a week or two before voting on them, so there isn't much to report on the bills heard last week. Next week we will start listing bills making it out of committee. One bill that might need help doing that is HB 1065 by Hernandez Luna (D-Houston), which would permit victims of certain serious crimes to take time off work to come to court without fear of retaliation from their employers. A few members of the Business & Industry Committee expressed doubts that the law was needed, so if you have a good example of that happening, contact Shannon and he can pass along that information to the right people. Another bill that faces an unknown fate is HB 70 by Fletcher (R-Houston). That bill would give prosecutors the option of exempting one State's witness from The Rule, as every other litigant gets to do and as prosecutors get to do in most other states, but the proposal faced opposition from several members of the Criminal Jurisprudence Committee.
Upcoming hearings. Senate Criminal Justice won't hold its first meeting until March 12, so our belief that discovery changes could be taken up next week proved too optimistic. However, it's probable that both the discovery and Bar grievance bills mentioned above could be heard in Senate Criminal Justice on Tuesday, March 12, so if you want to be involved in either discussion, prepare accordingly.
Meanwhile, here are some bills that are cued up for hearings next week:
Monday, March 4
House Elections (2:00 p.m. or upon adjournment, E2.028)
HB 289 by Zedler expanding the AG's authority to investigate election-related crimes
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.012)
HB 293 by E. Rodriguez authorizing the release of attorneys' email addresses to CLE providers
Tuesday, March 5
House Transportation (8:00 a.m., Room E2.012)
HB 77 by Guillen requiring an officer to electronically verify insurance before issuing a citation
HB 625 by Harper-Brown providing a penalty for operating a vehicle without a license plate
HB 955 by Isaac increasing the punishment for reckless driving that causes SBI/death
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, Room E2.016)
HB 166 by McClendon creating a commission to prevent wrongful convictions
HB 281 by Lucio III permitting a deceased peace officer's family member to testify regarding the terms of a plea bargain
HB 516 by Pitts authorizing cross-county-line blood search warrants in DWI cases
HB 688 by Marquez maintaining the confidentiality of certain autopsy records
HB 884 by Murphy relating to the disposition of abandoned/unclaimed property in Class C cases
HB 1196 by Clardy relating to court cost collection programs in certain counties
House Human Services (10:30 a.m. or upon adjournment, Room E2.030)
HB 747 by Raymond requiring certain higher education officials to report child abuse
House Licensing & Administrative Procedures (noon or upon adjournment, Room E1.010)
HB 137 by Raymond relating to coin-operated machine licenses and gambling promotion
HB 394 by S. Thompson expanding limits on bingo prizes
HB 1127 by W. Smith regulating game rooms in certain counties (Harris County)
Senate Jurisprudence (1:30 p.m. or upon adjournment, Room 2E.20)
SB 92 by Van de Putte creating a pre-adjudication diversion program for juvenile prostitutes
SB 393 by West relating to deferred prosecutions for juveniles accused of certain Class C offenses
SB 394 by West restricting access to records of certain juveniles in certain Class C cases
SB 395 by West relating to fines and court costs imposed on juveniles in certain Class C cases
Wednesday, March 6
House Corrections (2:00 p.m. or upon adjournment, E2.010)
HB 321 by Dutton prohibiting a dismissal and discharge from probation from being used for certain non-judicial purposes
HB 517 by Pitts requiring repeat felony DWI offenders to serve one-half of a sentence prior to becoming eligible for parole
HB 694 by Phillips granting military recruiters access to certain juveniles' records
Thursday, March 7
House Homeland Security & Public Safety (8:00 a.m., E2.010)
HB 24 by Martinez Fischer creating a state DWI czar
HB 710 by Callegari prohibiting peace officers from using that status to promote private business
HB 919 by Fletcher exempting certain law enforcement vehicles' locations from open records
HB 1216 by Craddick increasing the penalty for reckless driving
Senate Health & Human Services (9:00 a.m., Senate Chamber)
SB 746 by Nelson relating to Medicaid fraud
Note that these committees may also be hearing other bills that are not listed here and that these lists may change almost without notice. For the full details, check the applicable committee pages on the Texas Legislature Online. Also, all of these bills are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Newly-filed bills. Here is a list of select bills filed late last week and earlier this week (through yesterday). The high volume of bills to be filed next week (probably in excess of 1,500) means we will get behind next week, but we will catch up soon after the Friday (March 8) filing deadline. Some of these will make you very happy, others very not-so-happy, so please read carefully.
HB 1540 by Pitts relating to theft or fraud involving electronic transactions
HB 1567 by Miller permitting victim allocution in juvenile cases
HB 1599 by Fletcher imposing LWOP for a 1st offense of super-aggravated sexual assault
HB 1606 by Moody relating to harassment and stalking
HB 1608 by Hughes requiring search warrants to obtain wireless location information
HB 1620 by G. Bonnen to treat Burg/Hab-sex crimes like other sex crimes for probation/parole purposes
HB 1625 by McClendon mandating certain discovery practices in criminal cases
HB 1628 by Harper-Brown enhancing penalties for repeat indecent exposures
HB 1658 by P. King mandating arrest and blood draws in certain DWI investigations
HB 1669 by Carter expanding admissibility of evidence in certain trafficking/sex crimes
HB 1677 by Frullo relating to reports of, and training on, missing or exploited children
HB 1713 by Lozano reimbursing certain property owner victims from funds derived from assets seized in certain investigations
HB 1734 by Johnson creating a "good Samaritan" defense to certain drug prosecutions
HB 1790 by Longoria permitting the post-probation reduction of certain SJF convictions to a Class A misdemeanor
HB 1845 by Gooden relating to the capital murder of certain prosecutors
HB 1847 by Carter mandating ethics CLE for certain elected prosecutors
HB 1849 by Carter creating a list of permissible expenditures of asset forfeiture funds
HB 1861 by Dutton relating to service of process on certain public officials
HB 1862 by Dutton legalizing switch-blade knives
HB 1991 by Sy. Turner banning prosecutors from debt collection
HB 2044 by Sy. Turner reducing penalties for certain drug offenses
HB 2045 by Sy. Turner further reducing penalties for certain drug offenses
HB 2063 by Gooden authorizing prosecutors to openly carry handguns
HB 2073 by E. Rodriguez relating to driving with untreated sleep disorders
HB 2090 by Canales relating to written custodial confessions
HB 2098 by Guillen authorizing legal "social poker establishments"
SB 720 by Ellis instructing juries about the effect of an NGRI verdict
SB 721 by Ellis expanding the insanity defense
SB 731 by Huffman creating an offense for the production or delivery of marihuana plants
SB 743 by Nelson creating an offense for continuous violation of protective orders
SB 750 by Ellis creating a process for determining mental retardation in capital cases
SB 786 by Hinojosa requiring search warrants to obtain wireless location information
SB 787 by Hinojosa relating to DPS surcharges assessed after DWI convictions
SB 834 by Estes making grand jurors' names confidential
SB 876 by D. Patrick allowing a surety to discharge liability on a bond after five years
SB 878 by D. Patrick creating a list of permissible expenditures of asset forfeiture funds
SB 897 by Estes waiving sovereign immunity for suits involving certain illegal arrests
SB 969 by West requiring written confessions (and warnings) to be electronically recorded
SB 970 by Huffman expanding the use of search warrants to obtain DNA specimens
SB 975 by West discharging bonds upon acceptance to pre-trial diversion or other events
As always, these are just a few of the bills filed this week that could impact your business. To follow these and other bills, visit the Texas Legislature Online or contact Shannon for more information.
Quotes of the week. As always, we end with a bang.
"Everybody just go out tonight, drink, get behind the wheel, drive through neighborhoods, and hit innocent people that aren't wearing dark clothing, on a dark street, when anyone should be able to see them."
—Laurie Griffin, mother of the woman killed by former Capitol staffer Gabrielle Nestande, upon hearing a jury's verdict convicting Nestande of criminally negligent homicide and recommending she receive probation.
"It's a huge problem. If the public knew, they'd be shocked."
—Matt Hill, Fresno (CA) parole officer, in an LA Times exposé on the high number of released California sex offenders who are disabling or removing their GPS tracking devices without fear of punishment due to jail/prison overcrowding problems in that state.
That's all for now!
TDCAA Legislative Recap - Week VII
Posted: Friday, February 22, 2013
Look! Up in the sky! It's a bird! It's a plane! No, it's … it's … actual bills being heard in committees! Now the real fun can start. The session is one-third over. Game on!
State budget updates. Most of the work in our areas of the state budget is coming to a close for now, and there may not be much action on those items until the latter part of the session, when the real decisions get made. This topic is likely to fall off the front page of future updates, but contact Rob if you have any questions about it.
"Criminal Procedure Reform" project. As you know, the House created a special committee to consider revisions and updates to the Code of Criminal Procedure. That appears to be more of an interim project that won't start in earnest until later this year. However, the committee is staffed up and ready to launch into some preparatory work, starting with gathering information on the scope of the problem. To that end, we have been asked to solicit from prosecutors general comments on what in the CCP is—or is not—in need of revision. If you have thoughts along those lines, e-mail them to Shannon and he will compile the information in a digestible format for the committee. But remember, no good deed goes unpunished—if you submit an idea, be prepared to come to Austin at some point later this year to explain it in greater detail if the committee wants to learn more about it!
Discovery. As we told you last week, the issue of discovery reform is starting to heat up. If you have done your homework, you will already be familiar with SB 91 by Ellis, which appears to be the preferred vehicle for delivering Texas' criminal discovery system into the 21st Century. That bill is likely to be set for a hearing Tuesday next (March 5) in the Senate Criminal Justice Committee, and it could be approved by that committee—the only question is, in what form? For instance, one tweak some prosecutors would like to see is extending the initial right to withhold certain personal information of victims and witnesses in all cases, not just 3g/sex crimes (subject to a hearing requested by the defense, as with confidential informants' identity, for example). That change would increase both efficiency and safety for victims and witnesses. On the other side, many criminal defense lawyers are simply trying to kill anything that imposes upon them a duty to provide a scintilla of discovery to the prosecution—even though that is standard operating procedure in other states. Instead, some of them are ranting against this bill; one even called it a "completely worthless piece of s---, meant to f--- every defendant up the a--" bill. However, those in the defense bar who are so eloquently opposing the bill are finding that their usual friends in the Legislature are not listening to them this session. Whether that is due to increasing support from prosecutors, fall-out from the Michael Morton case and other exonerations from "the bad old days," legislators' general exhaustion from fighting over this issue for a decade, or the fact that the rest of the country uses this system without the sky having fallen in, the old status quo seems to be changing at the Capitol. And if change does result, it will affect every criminal case in this state, so ignore this issue at your peril.
If you want to have a say in this process, the time to get involved is now. If (once?) the train leaves the station, those who aren't on it will either be chasing it from behind (to make changes) or be tied to the tracks in front of it (if you want to stop it). If you don't want to be in that position, contact Shannon or Rob to learn how to get involved for, against, or on this topic.
Miller v. Alabama update. Several bills have been filed to address the U.S. Supreme Court's opinion in Miller v. Alabama that barred automatic sentences of life without parole (LWOP) for capital murderers under the age of 18. (Texas beat them to the punch by eliminating that sentence back in 2009, but only for those under the age of 17.) In response to Miller, three bills have been filed to address this situation: SB 187 by Huffman (R-Houston), HB 901 by Kolkhorst (R-Brenham), and HB 924 by Rep. Moody (D-El Paso). Each of these bills treats 17-year-old capital murderers the same as juvenile capital murderers, awarding them an automatic sentence of life with parole after 40 calendar years (as was the law before LWOP was passed back in 2005). The bills would apply to any offenders currently charged and awaiting trial as well as those who have been convicted and are still in the direct appeal pipeline, but the bills do not retroactively change the sentences of those few offenders in TDCJ whose appeals have been completed.
Changing times. Over the past few years, we've noticed an increasing trend among some on the "redder" side of the Texas House to look askance at all government operations, including law enforcement and corrections. Add that dynamic to the distrust of law enforcement that comes from some on the "bluer" side of the aisle in that chamber, and you get a rash of bills that don't just scrutinize state spending on public safety but actually create new penalties for peace officers or prosecutors who transgress various new or existing limitations placed on them in statute. Here are some examples:
HB 80 by Simpson (R-Longview) adding checkpoint "groping" to Official Oppression (Class A)
HB 183 by Dutton (D-Houston) creating a 3rd-degree felony for Official Oppression involving use of force
HB 266 by Miles (D-Houston) creating a 3rd-degree felony for Official Oppression by cops
HB 328 by Dutton (D-Houston) creating a 3rd-degree felony for Official Oppression by withholding Brady information (and removing any statute of limitations for it)
HB 553 by Otto (R-Dayton) creating a misdemeanor offense for any official enforcing or attempting to enforce federal firearms rules, regulations, or laws in Texas
HB 912 by Gooden (R-Terrell) creating a misdemeanor offense to use a drone to take pictures, or to possess or use a picture taken by a drone (plus a similar civil penalty)
HB 1076 by Toth (R-The Woodlands) also creating a misdemeanor offense and financial penalties related to enforcing federal firearms-related laws in Texas
HB 1163 by Moody (D-El Paso) expanding Tampering with a Witness to apply more directly to cops and prosecutors (and defense attorneys)
HB 1314 by Creighton (R-Conroe) creating a misdemeanor offense for seizing a weapon under federal law
We'll let others speculate why these bills are being filed in the sometimes volatile, anything-goes House but not in the more staid, deliberative Senate. Instead, we'll merely observe that it's a brave new political world, friends. So next time you come to Austin wearing your white hat (or think that others down here will see you that way), be sure to watch your flank.
¿Quién es mas macho? Who is the "chief law enforcement officer" in your jurisdiction? We occasionally get that question asked of us—usually by a prosecutor in the middle of a turf battle with other local officials—and the answer is, there is no answer. State law is silent on that matter, and probably for good reason. But perhaps not for long. It seems that a sheriff has asked his local legislators to pass a joint resolution that would submit to the voters a proposal to make each county's sheriff the "chief law enforcement officer" in that county. (See HJR 81 for the details.) Apparently this has something to do with President Obama coming to take all our guns or something like that. Regardless of the (reason-less?) reason, though, it occurs to us that there are some police chiefs and prosecutors in this state who might take issue with that kind of "power grab." (Is that the right term? We're not sure, since there doesn't seem to be any power that comes with the grab.) Are we wrong about that? Let us know what you think.
Committee recap. Nothing too exciting to report here, but it was interesting to see the Senate Health and Human Services Committee leave pending SB 313 to raise the age to purchase/consume tobacco products from 18 to 21 because it would result in an estimated annual loss of $20 million in state tax revenue. Who says Big Tobacco doesn't have good lobbyists?
Committee hearings. Here we go—actual bills being heard in committee! If you have an opinion about any of these bills listed below, now is the time to act. And no, we don't mean "call Shannon or Rob and tell them you like/don't like 'x' bill." That's nice for us to know, but we don't lobby for you—YOU lobby for you. And you do that by getting on the phone or getting in your vehicle and coming to Austin to make your views known to the Legislature. With that in mind, here are some bills that might interest you that are cued up for hearings next week:
Monday, February 25
Senate State Affairs (9:00 a.m., Senate Chamber)
SB 148 by Williams exempting certain legal advice from the offense of Gift to a Public Servant
Senate Open Government (1:00 p.m., 2E.20)
SB 121 by Rodriguez prohibiting certain forms of retaliation vs. gov't employee whistleblowers
Tuesday, February 26
House Transportation (8:00 a.m., Room E2.012)
HB 27 by Martinez Fischer prohibiting certain uses of a wireless communication device
HB 41 by Menendez prohibiting certain uses of a wireless communication device while driving
HB 63[*] by Craddick prohibiting certain uses of a wireless communication device while driving
HB 347 by Pitts prohibiting certain uses of a wireless communication device while driving
HB 767 by P. King preventing the fraudulent issuance/use of disabled parking placards
House Insurance (8:30 a.m., Room E2.026)
HB 361 by Anchia expanding state group health benefits to family members of prison exonerees
Senate Health and Human Services (9:00 a.m., Senate Chamber)
SB 36 by Zaffirini relating to the detention and transportation of a person with mental illness
SB 68 by Nelson accelerating the process for the cremation of human remains
House Business & Industry (10:30 a.m. or upon adjournment, Room E2.014)
HB 1065 by Hernandez Luna authorizing crime victims to take time off work to attend court
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, Room E2.016)
HB 61 by Guillen increasing penalties for arson in state parks or of certain agricultural facilities
HB 70 by Fletcher authorizing certain State's witnesses to be exempted from The Rule
HB 153 by Taylor applying the standard intoxication definition to weapons offenses
Wednesday, February 27
Senate Intergovernmental Relations (1:30 p.m. or upon adjournment, E1.028)
SB 265 by Huffman relating to bond requirements for county officeholders
House Corrections (2:00 p.m. or upon adjournment, E2.010)
HB 144 by Raymond expanding mental examinations for juveniles
HB 431 by Riddle limiting release eligibility for certain inmates convicted of injury to a child
Thursday, February 28
House Homeland Security & Public Safety (8:00 a.m., E2.010)
HB 355 by Guillen relating to CDL holder's eligibility for certain dismissals/deferred dispositions
HB 606 by Guillen requiring DL suspension for certain traffic offenses committed in work zones
Note that these committees may also be hearing other bills that are not listed here, and that these lists may change almost without notice. For the full details, check the applicable committee pages on the Texas Legislature Online. Also, all of these bills are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Newly-filed bills. Here is a list of select bills filed earlier this week. Unfortunately, the high volume of bills being filed daily means we are a few days behind, and that will continue until the week after the filing deadline (March 8), so please be patient with us as we catch up.
HB 1359 by Alonzo accelerating eligibility for orders of nondisclosure
HB 1396 by S. King collecting data on drug and alcohol indications in newborns
HB 1417 by S. Thompson reducing penalties for certain low-level drug offenders
HB 1420 by Fletcher expanding Failure to ID to detentions
HB 1421 by Perry relating to the disposition of certain seized weapons
HB 1426 by Moody imposing reciprocal discovery in criminal cases
HB 1430 by Fletcher guaranteeing employment of certain injured public servants
HB 1435 by Darby requiring VACs to provide certain notice now provided by clerks
HB 1436 by Lucio III imposing mandatory minimum jail terms in FV cases
HB 1438 by Lucio III relating to the duration of an EPO
HB 1439 by Lucio III authorizing the temporary sealing of certain complaints
HB 1440 by Lucio III enhancing punishments for certain state jail felons
HB 1512 by Lewis authorizing ADR/mediation in certain criminal cases
SB 452 by D. Patrick moving Texas primaries to the first Tuesday in February
SB 592 by Ellis imposing caseload limits on attorneys who take indigent appointments
SB 612 by Lucio requiring candidates for office to submit to drug testing
SB 616 by Carona adding evading arrest to burglary's underlying offenses
As always, these are just a few of the bills filed this week that could impact your business. To follow these and other bills, visit our legislative webpage or the Texas Legislature Online, or you can contact Shannon for more information.
Quotes of the week. As always, we end on a humorous/shocking/puzzling note.
"People complain about how unproductive the political system can be; the miracle is that anything ever gets done at all."
—State Rep. Mark Strama (D-Austin), in a great blog post about the dynamics of the Texas House, announcing his decision to not seek re-election in 2014.
"Report: over 65 million guns bought since Obama took office. Maybe instead of pushing electric cars he should threaten to ban them."
—Fred Thompson, former U.S. Senator (R-Tennessee), as tweeted.
"Governor Rick Perry flew to California to try to woo California businesses to relocate to Texas. The arguments even out. Texans point out that they have no state income taxes. However, Californians counter that we don't have winters, and besides, our prisons are so full that if you don't pay your state income taxes, nothing will happen to you anyway."
—Argus Hamilton, LA comedian and political commentator
That's all for now!
TDCAA Legislative Recap - Week VI
Posted: Friday, February 15, 2013
Someday, we might look back at this 83rd Regular Session and call it "The Session That Would Never Start." Pre-occupied with its budget discussions, the Legislature has so far shown little interest in criminal justice or public safety issues. (And again, let us reiterate that this is not a bad thing.) It appears that trend will continue for one more week, and then bills we are tracking will finally start to move. Meanwhile, here's what went on in Austin this week.
State budget updates. This week the Senate Finance Committee broke into workgroups to mark up Senate Bill 1, which involves prioritizing all requests for basic funding and for additional funding, the latter of which are called "exceptional items." Next week, the workgroups will report back to the full committee, and by the end of the week we may have a nearly complete version of the Senate's budget bill. All of the basic items relating to prosecutors are fully funded at this intermediate stage. One item many of you care about—a judicial pay raise—has been referred to a workgroup chaired by Senator Robert Duncan (R- Lubbock) that has yet to meet. We will keep you informed of any news on that front, but this is not a reason to be alarmed—historically, judicial pay raises have not found their way into the state's budget until late in the process.
Across the dome, the House Appropriations Committee (HAC) also broke into subcommittees to take testimony on different segments of the house budget proposals. The hearings were equally uneventful, with all items of interest to prosecutors being funded at current levels. The House has not talked about the prospect of a pay raise at this point either, but once again, it is early. The HAC will begin the mark-up of its bill Monday morning. If you have questions about any this, email Rob or call him at 512/474-2436.
TCDRS retirement changes. As we mentioned in this space last week, State Rep. Rob Orr (R-Burleson) filed HB 958, which would reduce the interest rate payable on contributions to Texas County and District Retirement System (TCDRS) member accounts from 7 percent to 5 percent. We have had lots of calls on the bill this week, but at this point it is not something to lose sleep over. The bill author and other legislators have already heard from various county employee groups in the state that there is no reason to mess with a healthy retirement system. We will keep you informed if something changes, but for now, put this on the back burner.
Discovery reform. As we expected, several legislators are (quietly, behind closed doors) starting to express an interest in changing criminal discovery in Texas. Those ideas have taken several different approaches, a few of which have already been filed, while others are still in the works. If you are interested in this topic, there are two concepts on which you should get up to speed. The first has already been filed as SB 91 by Senator Rodney Ellis (D-Houston), and may be pushed by him or others. That legislation would create a reciprocal discovery system loosely based on recommendations from the Timothy Cole Advisory Panel on Wrongful Convictions (2010); however, it has been opposed in the past by those in the criminal defense bar who don't want to provide the State with any information (even though that how almost every other jurisdiction in the country does discovery). The second approach to this issue is still in drafting stage, but it might be based on the mutual discovery system used in North Carolina; for more on that, check out Chapter 15A of the North Carolina Criminal Procedure Act, §§903-910. We don't yet know what that NC law would look like when translated into "Texas-ese," but we are educating ourselves about it, and you should too.
State jails still fail? We told you before the session started that several advocacy groups on both the political left and the right have their sights set on radically changing a state jail system that delivers very little bang for the buck when it comes to recidivism/rehabilitation. Right now, the most talked-about "solution" would impose mandatory probation for an offender's first three(!) state jail felonies, with a fourth conviction being a second-degree felony. (Yes, you read that correctly.) The "logic" behind such a proposal seems to be that offenders in the state jails have a high recidivism rate, as do those offenders on probation, so if time in the state jail doesn't fix them any better than probation, why not put them all these offenders on probation and save the state a lot of money? Of course, that all sounds rather silly to those of us in what we like to call the "reality-based community"—not to mention that fact that it's similar to some of California's drug law policies, and who in Texas wants to follow that lead?—but the overall discontent may present opportunities for prosecutors to change things in the state jail system. However, before some of you start sending us your favorite state jail punishment enhancement ideas, stop! Remember, the Legislature wants to save money, not spend it, so locking up low-level offenders for longer periods of time is a non-starter. But if you have other bright ideas on how the criminal justice system could better deal with its incorrigible population of thieves and addicts, contact Shannon for more guidance and information.
Hot checks and EFTs. It's the 21st Century, and electronic fund transfers are quickly replacing checks as a preferred method of commerce. While our hot check statutes have been amended to cover sight orders and other new-fangled electronic transactions, that doesn't always work well in practice. Some Texas businesses have sought TDCAA's help in making it easier to prosecute those cases through legislation, but they need help in figuring out what needs fixing. If this is something that interests you, contact Shannon for more information.
Committee recap. Nothing very interesting happened in committees this week. (Hey, the truth hurts.) That doesn't mean we aren't working hard on your behalf here in Austin, it's just the type of work that won't bear obvious fruit until later in the session.
Committee hearings. House committees will hold their organizational meetings next week and then start hearing bills the following week. Senate committees are hearing bills now. Your biggest issues are not on their front burners, but here are a few back-burner bills being heard next week:
Tuesday, February 19
House Transportation (8:00 a.m., Room E2.012)
HB 38 by Menendez increasing the penalty for an offense involving motor vehicle airbags
HB 240 by Guillen relating to license suspensions for provisional DLs
HB 248 by Walle regulating automotive wrecking and salvage yards in certain counties
HB 299 by E. Rodriguez regulating traffic when certain traffic-control signals do not work
HB 406 by Fletcher relating to parking placards for vehicles of persons with disabilities
HB 567 by W. Smith re-defining authorized emergency vehicle
Senate Health and Human Services (9:00 a.m., Senate Chamber)
SB 128 by Nelson relating to DARS access to certain criminal history record information
SB 245 by West relating to CACs' provision of services in child abuse and neglect cases
SB 313 by Uresti raising the age to purchase/consume tobacco products from 18 to 21
SB 423 by Nelson relating to DFPS's flexible response system for investigating abuse or neglect
SB 429 by Nelson relating to dismissal/non-suit of termination suits by a governmental entity
Senate Jurisprudence (1:30 p.m. or upon adjournment of the Senate, 2E.20)
SB 250 by West regulating the use of certain technology in mental health hearings or proceedings
SB 268 by Seliger adding the 287th DA to the Professional Prosecutors Act
SB 389 by West relating to determining the appropriate court costs in certain criminal proceedings
SB 390 by West relating to the effective date of a new or amended court cost or fee
SB 391 by West holding a defendant to his obligation to pay a fine/cost after probation expires
Note that these committees may also be hearing other bills that we are not tracking. For the full details, check the applicable committee pages on the Texas Legislature Online. Also, all of these bills are available for review on that same website, or you can contact Shannon for more details about an individual bill (but please don't contact him without first reading the bill itself!).
Newly-filed bills. Speaking of filing bills, here's a list of some filed this past week:
HB 1147 by N. Gonzalez requiring prosecutors to give the state data on human trafficking
HB 1163 by Moody relating to tampering with witnesses
HB 1166 by Villalba dropping the "OSE" part of TCLEOSE's name
HB 1176 by Gooden revising the drug presumption for endangering a child
HB 1188 by S. Thompson limiting civil liability for persons who employ ex-cons
HB 1194 by Paddie permitting open carry of handguns
HB 1206 by Parker relating to law enforcement duties regarding certain missing children
HB 1216 by Craddick increasing the penalty for reckless driving
HB 1236 by Price prohibiting deferred adjudication for offenses involving child victims
HB 1242 by Geren authorizing probation revocation "warnings" that include jail time
HB 1246 by S. Turner authorizing a defendant to amend a motion for new trial
HB 1269 by Martinez Fischer requiring certain businesses to offer non-alcoholic beverages
HB 1278 by Lozano adding the 79th DA to the Professional Prosecutors Act
HB 1282 by S. Turner authorizing others to have copies of a prosecutor's juvenile file
HB 1302 by Clardy revising LWOP sentences for certain sex offenders
HB 1304 by Sheets legalizing certain intentional displays of a concealed handgun
HB 1314 by Creighton creating an offense for enforcing certain federal firearms laws
HB 1322 by Fletcher sealing certain documents related to mobile tracking devices
HB 1323 by Zerwas limiting certain investigations of child abuse and neglect
HB 1344 by Canales permitting certain deferred adjudications to be expunged
HJR 81 by Craddick designating sheriffs as the chief law enforcement officers in a county
SB 462 by Huffman regulating specialty courts
SB 463 by Huffman creating an exception to The Rule for certain State's witnesses
SB 479 by Hinojosa adding the 79th DA to the Professional Prosecutors Act
SB 484 by Whitmire authorizing/mandating the use of prostitution prevention programs
SB 511 by Whitmire relating to the commitment and release of certain juvenile offenders
SB 532 by Van de Putte, this session's omnibus human trafficking bill
SB 538 by J. Rodriguez repealing the offense of homosexual conduct
SB 549 by Williams relating to the penalties for organized criminal activity
SB 558 by W. Davis preventing rape victims from being prosecuted for false report
SJR 28 by D. Patrick revising the constitutional resign-to-run rule
SJR 34 by Duncan providing for the appointment and retention of state judges
As always, these are just a few of the bills filed this week that could impact your business. To follow these and other bills, visit the Texas Legislature Online, or you can contact Shannon for more information.
Observations on bills filed to date. For those of you who are curious, through yesterday (February 14), the Legislature has filed 2,026 bills and resolutions, 585 of which we are currently tracking. Of those we are tracking, 78 bills would create new criminal offenses, 55 bills would increase current punishments, 11 bills would decrease a current punishment, 45 bills are firearms-related (this session's apparent issue du jour), and 14 bills task local prosecutors with a new unfunded mandate/duty. And all of those numbers are only going to grow over the next few weeks!
Quotes of the week. As always, we end on a humorous/shocking/puzzling note.
"Anderson's obnoxious stubbornness could help the cause of justice. With allegations of prosecutor misconduct arising from exonerations around Texas, lawmakers have been looking for ways to ensure the state lives up to its constitutional duty to divulge evidence that casts doubt on a defendant's guilt. Anderson's testimony clarifies how badly reform is needed."
—Dallas Morning News editorial on the court of inquiry in Williamson County.
"Two years from now, if this thing is as broken as it is now, we're going to try another model."
—State Sen. John Whitmire (D-Houston), Chairman of the Senate Criminal Justice Committee, to TJJD Director Mike Griffiths during a budget hearing in which several senators suggested shuttering another former TYC facility, leaving the state with only five.
"I can't get excited by the question of whether [U.S.] Senator Robert Menendez had sex with a prostitute in Central America. It is her word against his—and when it comes to a prostitute's word against a politician's word, that is too close to call."
—Thomas Sowell, conservative columnist
That's all for now!
TDCAA Legislative Recap - Week V
Posted: Friday, February 8, 2013
As you can tell by the size of this update, things are actually starting to happen at the Capitol. The legislators' early-session routine of socializing, networking, and back-slapping is being replaced by arguing, debating, and frantic bill-filing. Here's the scoop …
Finance and Appropriations updates. Last Monday, the Senate Finance Committee took testimony on Article IV of Senate Bill 1 (which in layman's terms means "the state's proposed budget for the judicial branch"). The good news is that there is enough money in the budget to fund all current felony prosecutor salaries, county attorney supplements, district attorney apportionments, and assistant prosecutor longevity pay—but no legislator has suggested an increase in any of those budget line items. There was also no discussion of a judicial pay raise (which would affect prosecutor pay), but we know that the committee is considering one; that will be publicly debated at a later date. If you have any questions on this, email Rob or call him at 512/474-2436.
Note also that the House Appropriations Committee (HAC) is scheduled to take up judicial funding items on Monday, February 11. The HAC subcommittee members that will oversee that portion of the budget were named yesterday. They are: S. Turner (D-Houston), chair; R. Jones McClendon (D-San Antonio), vice-chair; L. Gonzales (R-Round Rock), S. King (R-Abilene), O. Longoria (D-Mission), R. Orr (R-Burleson), and C. Perry (R-Lubbock). We will be there Monday to watch and report back to you anything interesting.
Another issue to tell you about from the Senate Finance hearing was legal training. Committee members discussed prosecutors' training with Judge Barbara Hervey, who manages the state's grant program for the Court of Criminal Appeals that provides prosecutors with the bulk of their training. The committee members were most interested in additional training for prosecutors in two areas—mental health and Brady compliance. It was clear from the tenor of the questions that some legislators want to see increased training for prosecutors in both of these areas. As an aside, you should know that Judge Hervey fielded some very pointed questions about prosecutor conduct. Judge Hervey declined the invitation to drop prosecutors in the grease and opined that notwithstanding the occasional "bad apple," prosecutor misconduct is not a problem in Texas. However, the tenor of the questioning certainly foreshadows what may be in store for prosecutors later this session.
TCDRS retirement changes. Earlier this week, State Rep. Rob Orr (R-Burleson) filed HB 958, which would reduce the interest rate payable on contributions to Texas County and District Retirement System (TCDRS) member accounts from 7 percent to 5 percent. The bill appears to be an attempt to reduce county obligations to the retirement system at the expense of those county employees who have not yet retired and whose future retirement benefits would be significantly reduced. However, TCDRS is one of the healthier public retirement funds and isn't in need of any immediate legislative interventions to meet existing or future obligations. This bill impacts virtually every county employee in the state so you can be assured that many, many folks are paying close attention to it.
Stats are for losers. Or so the saying goes in sports. However, stats can be useful things in public policy. The Legislative Budget Board (LBB) just released several reports that contain handy information—one looking back at past performance, another listing the current costs of state correctional facilities, and a third looking at future bed demand. Here is a sampling (including links to the original PDF files, which are quite voluminous):
From Statewide Criminal Justice Recidivism and Revocation Rates[*]:
- The three-year adult re-arrest rate for felons (those released from prison and those on probation) is 47 percent, about half of whom committed new felonies.
- 22 percent of adults released from TDCJ-ID were re-incarcerated within three years, as were 31 percent of adults released from a state jail.
- Property offenders had the highest re-arrest rate, while violent offenders had the lowest re-arrest rate.
- Re-arrest rates declined with the age of the offender, within both adult (17 and up) and juvenile (10–16) populations.
- Revocation rates on adult felony probation (15%) are twice as high as revocation rates for adult parole (7%).
- Technical violations (= anything other than a new offense) account for 50% of adult felony probation revocations, 15% of adult parole revocations, 60% of juvenile probation revocations, and 26% of juvenile parole revocations.
From Criminal Justice Uniform Cost Report[†]:
- TDCJ average cost per day per bed is $50.04. (The national average is $62.05.)
- TDCJ-State jail average cost per day per bed is $42.90.
- TDCJ-Medical average cost per day per bed is $661.86.
- Adult active parole cost per day per offender is $3.63.
- Adult basic probation cost per day per offender is $2.99.
- TJJD (formerly TYC) cost per day per bed is $366.88 (not including an extra $100.17 per day per bed during the month-long orientation and assessment period).
- Juvenile basic probation cost per day per offender is $22.42.
- Juvenile parole cost per day per offender is $31.56.
From Adult and Juvenile Correctional Population Projections (FYs 2013-2018):
- Both total arrests and arrest rates (# per 100,000) have decreased for adults (-6.1% and -7.6%) and juveniles (-15% and -16.2%).
- The adult TDCJ population is projected to remain flat through 2014 and then gradually increase through 2018 along with a general increase in state population.
- Adult parole populations will gradually increase, but adult probation (felony and misdemeanor) are projected to decrease for the next several years.
- Adult misdemeanor probations continue to decline because offenders prefer short jail sentences to probation and because of an increased use of pre-trial diversion.
- Last session's legislation to provide time credits to state jail and probation offenders has had no noticeable effect on criminal justice populations (shocker!).
- Juvenile probation departments are serving a growing population of high-risk, high-need offenders due to declining TJJD beds and fewer low-level referrals.
Keep these facts in mind when policymakers and budget writers are debating how to squeeze additional blood from the stone that is the criminal justice system.
Committee recap. Other than the Senate Finance Committee discussions we previously summarized, not much happened this week. The Senate Jurisprudence Committee did hear its first two bills, approving both SB 246 by West (electronic submission of AG opinion requests) and SB 251 by West (revising unsworn declarations made by public servants, including peace officers). Note that these bills were posted for hearing only about 36 hours beforehand, but that's how it goes at the Legislature, where public posting rules are more like "recommendations." Other than that, the Legislature is still pre-occupied with non-criminal justice issues.
Committee hearings. It will take House committees another week to staff up and get running, so Senate committees will continue their head start next week. As of this morning, however, none of the 460 bills we are currently tracking have been set for a hearing next week.
Next week. The House Appropriations Committee will have its first bite at the judicial branch budget, but other than that, the Legislature is still pre-occupied with filing bills rather than debating them.
Newly-filed bills. Speaking of filing bills, here's a list of some filed this past week:
HB 421 by S. Thompson authorizing liquor stores to be open on Sundays
HB 899 by Perry authorizing certain victims to refuse contact with DIVO advocates
HB 901 by Kolkhorst revising the punishment for 17-year-old capital murderers
HB 911 by Moody making "beer runs" of < $50 a Class B misdemeanor
HB 912 by Gooden prohibiting the use of visual images from unmanned drones
HB 924 by Moody revising the punishment for 17-year-old capital murderers
HB 926 by Moody increasing the punishment for FSRA involving injury or death
HB 933 by S. Turner automatically expunging certain juvenile records
HB 936 by Dutton relating to switchblade knives
HB 955 by Isaac increasing the penalty for reckless driving involving injury/death
HB 956 by Isaac relating to disorderly conduct-unreasonable noise
HB 958 by Orr reducing the annual interest rate for TCDRS
HB 990 by S. Thompson creating the Texas Sentencing Policy, Accountability, and Review Council ("SPARC"?) to periodically revise criminal sentencing
HB 1010 by S. King creating a penalty for improper physical contact with a child
HB 1011 by S. King increasing the penalty for certain online solicitations of a child
HB 1012 by S. King increasing the penalty for providing booze to certain minors
HB 1015 by Guillen regulating big cats and non-human primates
HB 1038 by Eiland authorizing DNA samples to be taken for all jailable offenses
HB 1063 by Hernandez Luna authorizing DNA samples to be taken for all jailable offenses
HB 1065 by Hernandez Luna ensuring certain victims' rights to attend court proceedings
HB 1067 by Moody regarding a defendant's waiver of a probation revocation hearing
HB 1069 by McClendon raising the value ladder for misdemeanor theft ($100/1,000/3,000)
HB 1070 by Allen allowing the expunction of drug- and alcohol-related convictions
HB 1082 by Gooden increasing a penalty for Intoxication Assault-Bodily Injury
HB 1096 by Canales requiring the electronic recording of certain interrogations
SB 236 by Hinojosa authorizing liquor stores to be open on Sundays
SB 344 by Whitmire permitting a subsequent writ based on scientific evidence
SB 345 by Whitmire abolishing the state boot camp program
SB 358 by Hinojosa limiting the use of polygraphs in probation violations
SB 361 by Watson requiring an immigration admonition at magistration
SB 368 by Whitmire allowing misdemeanor sentences to be served on house arrest
SB 384 by Carona expanding the offense of failure to report child abuse
SB 391 by West extending a defendant's obligation to pay after probation is over
SB 433 by D. Patrick permitting certain counties to regulate game rooms
Yes, these are just some of the bills filed this week that could impact your business. And the volume of bills being filed will only increase over the next four weeks. To follow these and other bills, use the tracking buttons at the top of this page are updated nightly with new information, and any bill can be accessed through the Texas Legislature Online, or you can contact Shannon for more information.
If you want a bill filed, READ THIS. The state constitution requires most bills to be filed by the 60th day of a regular session. This year, that deadline is Friday, March 8. However, if you wait until then, it is already too late. In reality, to ensure a bill gets filed before the deadline, you should get your request into the hands of your selected legislator no later than Friday, February 15.
Quotes of the week. Plenty of material for everyone's favorite installment this week, but these were our favorites.
"They like gifts. They're not like, 'Gee, don't give that to me.'"
—Bill Miller, Austin lobbyist, noting that Texas legislators often expect gifts from lobbyists.
"This ain't in my top 200 things to worry about."
—State Sen. John Whitmire (D-Houston), chairman of the Senate Criminal Justice Committee, when asked his thoughts about the creation of a House Select Committee on Criminal Procedure Reform. The Senate has no companion committee at this time.
"Maybe it's that we've already achieved a level of excellence up here and already have most of the laws on the books that we need. No, that can't be it."
—State Sen. Kel Seliger (R-Amarillo), jokingly commenting upon the fact that bill filing this session is down 20 percent from last session.
That's all for now!
TDCAA Legislative Recap - Week IV
Posted: Friday, February 1, 2013
Tragedy strikes the heart of our profession. If you are not already aware, Kaufman County (and former Dallas County) prosecutor Mark Hasse was gunned down and killed outside his courthouse yesterday morning by unidentified assailant(s) who remain at large. While the investigation into Mark's death continues, please keep him, his family, and his co-workers at the Kaufman County Criminal DA's Office in your thoughts and prayers. We will update our website and our Twitter feed with additional information as we learn it.
The State of the State. Governor Perry gave his seventh (and perhaps final?) State of the State address on Tuesday. The political junkies have already parsed every jot and tittle, so we'll dispense with that kind of review and simply note that from a prosecutorial perspective, there wasn't the slightest mention of issues that impact your business. And you know what? That's A-Okay with us. But for those of you who missed the governor's address, don't worry, you can still catch Chief Justice Jefferson's State of the Judiciary address to the Legislature on March 6 at 11:00 a.m. Yes, it has traditionally been as ignored by the Lege as you think it would be, but the constitution requires it, so let the kabuki theater continue!
The end of the beginning. The Speaker (finally) issued his committee line-ups for the House. This marks the end of the beginning of the session, in that once the committees get up and running, things will actually happen at the Capitol. When they do, prosecutors will be dealing with four new committee chairmen, one new committee, and drastically different committee memberships than last session. (Such is the price of being in a policy area that is not a lucrative source of campaign funds for legislators.) With that in mind, here are some relevant committee assignments (listed alphabetically by committee):
APPROPRIATIONS: Pitts, chair; S. Turner, vice-chair; Ashby, Bell, G. Bonnen, Carter, Crownover, Darby, S. Davis, Dukes, Giddings, L. Gonzales, Howard, Hughes, S. King, Longoria, Marquez, McClendon, Munoz, Orr, Otto, Patrick, Perry, Price, Raney, Ratliff, Zerwas.
CALENDARS: Hunter, chair, Lucio III, vice-chair; Alonzo, Alvarado, Branch, Button, Cook, Crownover, S. Davis, Eiland, Frullo, Geren, Giddings, Kuempel, Miller.
CORRECTIONS: Tan Parker (R-Flower Mound), chair (*new*); James White (R-Woodville), vice-chair; Alma Allen (D-Houston), Debbie Riddle (R-Houston), Toni Rose (D-Dallas), J.D. Sheffield (R-Gatesville), Steve Toth (R-The Woodlands).
COUNTY AFFAIRS: Garnet Coleman (D-Houston), chair; Joe Farias (D-San Antonio), vice-chair; Mary Gonzalez (D-El Paso), Ana Hernandez Luna (D-Houston), Todd Hunter (R-Corpus Christi), Lois Kolkhorst (R-Brenham), Matt Krause (R-Fort Worth), David Simpson (R-Longview), Jonathan Stickland (R-Bedford).
CRIMINAL JURISPRUDENCE: Abel Herrero (D-Robstown), chair (*new*); Stefani Carter (R-Dallas), vice-chair; Lon Burnam (D-Fort Worth), Terry Canales (D-Edinburg), Bryan Hughes (R-Mineola), Jeff Leach (R-Plano), Joe Moody (D-El Paso), Matt Schaefer (R-Tyler), Steve Toth (R-The Woodlands). (For you counting at home, that's two former prosecutors, one current criminal defense lawyer, four civil lawyers, and two non-lawyers on the committee.)
HOMELAND SECURITY & PUBLIC SAFETY: Joe Pickett (D-El Paso), chair (*new*); Allen Fletcher (R-Houston), vice-chair; Philip Cortez (D-San Antonio), Tony Dale (R-Cedar Park), Dan Flynn (R-Van), Tim Kleinschmidt (R-Lexington), George Lavender (R-Texarkana), Kenneth Sheets (R-Dallas), Ron Simmons (R-Carrolton).
JUDICIARY & CIVIL JURISPRUDENCE: Tryon Lewis (R-Odessa), chair (*new*); Jessica Farrar (D-Houston), vice-chair; Marsha Farney (R-Georgetown), Lance Gooden (R-Terrell), Ana Hernandez Luna (D-Houston), Todd Hunter (R-Corpus Christi), Ken King (R-Canadian), Richard Pena Raymond (D-Laredo), Senfronia Thompson (D-Houston).
For all House committee assignments listed by committee, go to http://www.house.state.tx.us/_media/pdf/committee.pdf. For committee assignments by House member, go to http://www.house.state.tx.us/_media/pdf/member.pdf.
But wait, there's more! In addition to the standard committees mentioned above, the Speaker also named a Select Committee on Criminal Procedure Reform. The proclamation creating this committee notes that the CCP "has not been rewritten since 1965. As a result, it has become overcrowded, disorganized, and difficult to navigate, such that there is a pressing need to consider rewriting and reorganizing it." To that end, this committee will spend the next two years making recommendations to do that, with the final result (probably) being a draft bill that will be considered by the 84th Legislature in 2015. It remains to be seen whether this effort gets farther than the last attempt to re-write the CCP back in the mid-1990s when Governor Bush's office formed a blue-ribbon panel of judges, prosecutors, defense lawyers, and professors to tackle the job. That effort died for lack of interest among legislators. (For a copy of that bill, which was never heard in committee, check out SB 1608 by Whitmire (75th R.S., 1997).) The lucky House members tasked with the job this time around are: Debbie Riddle (R-Houston), chair; Stefani Carter (R-Dallas), Abel Herrero (D-Robstown), Joe Moody (D-El Paso), and Tan Parker (R-Flower Mound). Beyond that, we don't know much more at this time. Consistent with the comment we made a few weeks ago, neither TDCAA nor any prosecutors were consulted before this project was launched, but I have a feeling we'll be taking a great interest in this two-year experiment. Won't that be FUN?!?
We're not done yet! To further furrow the collective brow of the Capitol crowd, the Speaker also created a Select Committee on Transparency in State Agency Operations. The enabling proclamation states that this committee is intended to "encourage greater transparency in the expenditure of state funds" by overseeing "the reporting of financial transactions of judicial and executive state agencies … as well as affiliated agencies, entities, foundations, and related support groups." The committee shall also "monitor the hiring and compensation practices of judicial and executive state agencies, including any affiliated entities, whether public or private. It shall also oversee the purchasing decisions made by judicial and executive state agencies and affiliated entities." What all that means is anyone's guess—we've been too pre-occupied with yesterday's tragic news to run all of this to ground right now, but we'll know more by this time next week and pass along anything that you need to know about. For those interested, the committee members are: Carol Alvarado (D-Houston), co-chair; Dan Flynn (R-Van), co-chair; Naomi Gonzalez (D-El Paso), Eric Johnson (D-Houston), Lyle Larson (R-San Antonio), Trey Martinez Fischer (D-San Antonio), Charles Perry (R-Lubbock), and Four Price (R-Amarillo).
Committee hearings. It will take House committees another week or so to staff up and get running, so Senate committees will get out of the gate first. Here are the postings to date:
Monday, February 4
Senate Finance - 10:00 a.m., E1.036
The committee will take invited testimony on Article IV (Judiciary) of the proposed state budget, including the appellate courts, OCA, TIDC, SPA, SCJC, OCW, and the Comptroller's Judiciary Section.
Tuesday, February 5
Senate Jurisprudence - 1:30 p.m., 2E.20 (Betty King Committee Room)
The committee will meet to adopt its rules, introduce staff, and take invited testimony from the Office of Court Administration and the State Commission on Judicial Conduct.
Thursday, February 7
Senate Finance - 10:00 a.m., E1.036
The committee will take invited testimony on Article V (Public Safety & Criminal Justice) of the proposed state budget, including DPS, TDCJ, BPP, TJJD, and TCLEOSE.
Next week. The Senate Finance Committee will have its first bite at the judicial pay raise apple on Monday, as noted above. We will recap its progress in next week's update, but for now, sit tight—no action is required on your part. Other than that, the Legislature is still pre-occupied with issues that have little to do with your business, for which you should all be thankful.
Newly-filed bills. Here is a list of some bills filed this past week:
HB 747 by Raymond expanding the duty to report child abuse to college employees
HB 765 by P. King relating to the disposition of Class C offenses by CDL holders
HB 766 by P. King relating to the mental commitment of defendants who escape
HB 790 by S. Turner repealing the Driver Responsibility Program (DPS surcharges)
HB 793 by Lozano creating the crime of Unlawful Transport of an Undocumented Person
HB 820 by Taylor relating to the accessing of child pornography
HB 821 by Dutton relating to tampering with physical evidence of a homicide
HB 823 by Anchia requiring magistration to include an immigration admonition
SB 249 by Patrick expanding breach of computer security to include obtaining a benefit
SB 251 by West creating a new jurat for unsworn declarations made by public servants
SB 254 by Deuell allowing probationers to choose a charitable recipient of a donation
SB 262 by Huffman revising statutes on the reporting of criminal history data
SB 263 by Huffman adding Penalty Group 2-A substances to the analogue offense and adding other new substances to Penalty Group 2-A
SB 264 by Huffman addition new substances to Penalty Group 2
SB 271 by Seliger repealing the "I have one" defense for failure to use a child safety seat
SB 275 by Watson making hit-and-run fatalities a 2nd-degree felony
SB 299 by Estes legalizing the (unintentional) display of a weapon by a CHL holder
Quotes of the week. In light of yesterday's events in Kaufman County, we only have one quote for you this week.
"Hey, let's be careful out there."
—Sgt. Phil Esterhaus, as played by Michael Conrad on the 1980s hit TV series "Hill Street Blues."
Until next week,
+Mark E. Hasse, 1956-2013, RIP
TDCAA Legislative Recap - Week III
Posted: Friday, January 25, 2013
Someone recently told us that waiting for the Legislature to get down to business reminded him of Super Bowl Sunday. There are lots of preliminary festivities, then an official kickoff, and then … what seems like five straight minutes of commercials. So true. Thus, while we wait for the "game" to really start, we'll pass along what information we have. Most of the action has been in the Senate, so this update will be heavy on news from that wing of the Capitol.
Senate lottery. State senators drew lots this week to determine which of them will have to run again in two years and which get a full four-year term. (This is required after every post-redistricting election to stagger their terms so that only half of them face re-election before subsequent sessions.) The winners/losers are:
4-year term (aka "winners"): Birdwell, Duncan, Ellis, Eltife, Fraser, Hager, Hinojosa, Lucio, Nelson, Rodriguez, Taylor, Uresti, Van de Putte, Williams, Zaffirini.
2-year term (aka "losers"): Campbell, Carona, Davis, Deuell, Estes, Hancock, Huffman, Nichols, Patrick, Paxton, Schwertner, Seliger, Watson, Whitmire.
Prosecutors, you can expect to be hit up for endorsements from the "loser" group as soon as this session closes!
Senate committees named. The Lt. Governor finalized the Senate committee line-ups for this session. Nothing too drastic happened on the committees that impact prosecutors' business, but here are those committees (listed alphabetically) with changes noted:
Estes (R-Wichita Falls), Chair
Uresti (D-San Antonio), Vice-Chair
Hegar (R-Katy)
Hinojosa (D-McAllen)
Schwertner (R-Georgetown) (replacing Jackson, R-La Porte)
(* - Homeland Security issues transferred here from Transportation Committee)
Williams (R-The Woodlands), Chair (replacing Ogden, R-Bryan)
Hinojosa (D-McAllen), Vice-Chair
Deuell (R-Greenville)
Duncan (R-Lubbock)
Eltife (R-Tyler)
Estes (R-Wichita Falls)
Hegar (R-Katy) (replacing Williams, R-The Woodlands, now chair)
Huffman (R-Houston) (replacing Shapiro, R-Plano)
Lucio (D-Brownsville)
Nelson (R-Flower Mound)
Patrick (R-Houston)
Seliger (R-Amarillo)
West (D-Dallas)
Whitmire (D-Houston)
Zaffirini (D-Laredo)
Whitmire (D-Houston), Chair
Huffman (R-Houston), Vice-Chair
Carona (R-Dallas)
Hinojosa (D-McAllen)
Patrick (R-Houston)
Rodriguez (D-El Paso) (replacing Ellis, D-Houston)
Schwertner (R-Georgetown) (replacing Hegar, R-Katy)
West (D-Dallas), Chair (replacing Harris, R-Fort Worth)
Rodriguez (D-El Paso), Vice-Chair
Campbell (R-New Braunfels) (replacing Huffman, R-Houston)
Carona (R-Dallas)
Hancock (R-North Richland Hills) (replacing Duncan, R-Lubbock)
Paxton (R-McKinney) (replacing Uresti, D-San Antonio)
+ new member elected to Senate District 6 tomorrow (replacing Gallegos, D-Houston (dec.))
Ellis (D-Houston), Chair
Davis (D-Fort Worth), Vice-Chair
Nelson (R-Flower Mound)
Seliger (R-Amarillo)
Williams (R-The Woodlands)
(* - new committee)
For other committee assignments, click for complete PDF list.
Committee hearings. The House will apparently take another week to name committee members and start committee hearings, so the Senate committees will get out of the gate first. Most of their initial hearings will be like this one posted yesterday:
Tuesday, February 5
Senate Jurisprudence - 1:30 p.m., 2E.20 (Betty King Committee Room)
The committee will meet to adopt its rules, introduce staff, and take invited testimony from the Office of Court Administration and the State Commission on Judicial Conduct.
Not much else to report on this front, but assuming House committees assignments are issued on Thursday (as rumored), those committees should get down to real business by mid-February.
Interim report recommendations. Even though we're three weeks into the 83rd Session, many committees are still rolling out their recommendations from the interim hearings they held over the past 18 months (and some will never issue any recommendations—don't you wish you could do that in your job?). Most of the committee reports have no application to your profession, but a few do. For instance, the Senate Criminal Justice Committee recently released a 69-page interim report. That committee studied eight separate issues and found very few of those areas to be in need of change. Among the changes it did suggest are:
Crime Victims Compensation Fund: Prohibit use of the funds for anything other than direct compensation to actual victims; fund other valuable victim-related services through other means.
School Discipline: Replace most Class C citations under the Education Code with non-criminal school sanctions; replace "zero tolerance" policies with local discretion; require school complainants to complete sworn statements if they want to press criminal charges.
For more the details, see the full report (click for PDF version).
Next week. The latest word on the street is that House committee rosters will be handed out next Thursday after the members have adjourned and left town for their customary long weekend. (That timing provides a cooling-off period for those members who are unhappy with their assignments.) Until then, we sit and wait. And wait. And wait.
Newly-filed bills. Speaking of bills, here's a list of some filed this past week:
HB 594 by Naishtat authorizing the medical use of marijuana
HB 601 by Lozano allowing municipalities to restrict sex offenders from child safety zones
HB 625 by Harper-Brown imposing a penalty for operating a vehicle w/o a license plate
HB 629 by Larson relating to the regulation of dangerous wild animals
HB 657 by Lavender requiring only one rear license plate per motor vehicle
HB 696 by Kleinschmidt revising the jurisdiction of prosecutors in the 25th J.D.
HB 700 by Lavender authorizing and regulating the open carrying of handguns
HB 705 by Howard increasing penalties for assault of emergency room personnel
HB 706 by Capriglione authorizing concealed carry on college campuses
SB 187 by Huffman revising the punishment for 17-year olds who commit capital felonies
SB 188 by Huffman expanding law enforcement interception of certain communications
SB 222 by Watson expanding venue for the prosecution of certain computer crimes
SB 246 by West authorizing electronic submission of AG opinion requests
To follow these and other bills, visit our legislative webpage.
This week's reality TV update. Those of you who follow the entertainment industry may have seen a brief note earlier this month that Dick Wolf, the creator of TV's "Law & Order" franchise, is partnering with the TNT Network on a new reality television series focused on the investigation of cold murder cases. The show is being produced by a group called Magical Elves—the production house behind such hits as "Top Chef," "Project Runway," and "Last Comic Standing"—and will feature Texas' own Kelly Siegler, formerly with the Harris County DA's office, assisted by former Houston PD Homicide Detective Johnny Bonds, former Las Vegas (NV) PD crime scene investigator Yolanda McClary, and others. The goal of the show is to assist rural law enforcement agencies in reviewing (and hopefully closing) some of their old, unsolved murder cases. If you have any questions about how this process might work or if you have any cold cases that you think might be appropriate for this show, contact producer Adam Kassen at 323-790-8592.
Quotes of the week. Here are some random comments we culled from the third week of the session.
"We have no hammer hanging over them and they know it."
—Bonnie Dumanis, San Diego (CA) County DA, attributing a recent increase in local crime to an inability to revoke the probation of low-level non-violent offenders. Since the implementation of a new California law known as "realignment" that limits prison sentences in favor of local supervision, at least eleven "low-level" offenders have been charged with committing violent crimes in San Diego County alone.
"Texas has enough guns for every man, woman and child to have a couple each. Being a liberal means owning only one gun."
—Jason Stanford, Democratic strategist from Austin, on the gun control debate in Texas.
"You get hooked. It's like the worst kind of crack cocaine you could possibly do."
—State House Parliamentarian Chris Griesel, explaining the allure of a legislative session to new capitol interns.
Have a great weekend!
TDCAA Legislative Recap - Week II
Posted: Friday, January 18, 2013
Have you ever been driving down the road only to have people pull out in front of you or change lanes into you as if you weren't there? Well, we're starting to get the same feeling at the Capitol. Bills and policy reports and press releases on criminal justice issues keep coming across our desks, and few (if any) of them appears to have sought or considered input from YOU, the people who bear the primary responsibility for implementing the law. Isn't that odd? Perhaps you are a victim of your own success—after all, the crime rate in Texas is down 45% since 1992—and in general, "crime" no longer moves the needle on polls asking the public what issues are most important to them. But still, can you imagine policymakers proposing changes in health care without consulting doctors? Or changes in education without consulting teachers? And yet, time and again we see legislators and lobby groups embark on criminal justice policy initiatives without constructive input from prosecutors. If you ask us, that sounds like a pretty silly way to run a railroad, but it does explain the messed-up state of the law, doesn't it?
Texas Association of In-Your-Business? Earlier this week, the president of the Texas Association of Business (TAB) announced that their association—which represents local chambers of commerce and various other business entities—was partnering with groups on the political left and right to support … well, it isn't exactly clear, to be honest, but apparently it involves putting fewer people in prison so that money can be better spent elsewhere (or not spent at all). The American-Statesman article announcing this news was pretty vague about what the group wants to see happen, but terms like "enhanced probation programs" hint at yet-to-be-filed bills that would return us to the mandatory probation days of state jail felony drug crimes (as we discussed last week) or even the resurrection of failed bills from the past that would extend mandatory probation to 3rd-degree felony drug crimes.
Of course, what will be really interesting is whether these moneyed interests will put that money where their mouth is and support other money-saving bills to roll back penalties for property crimes instead of just drug crimes. After all, the phrase "non-violent drug and property offenders" has been frequently used at the Capitol to describe defendants who are not to be locked up for their transgressions, but last we heard, local businesses that have been victimized by those same offenders are not always so sanguine about thieves and burglars receiving lesser punishments. (Perhaps you should ask your local chambers of commerce what they think about this new development—we'd love to hear some responses from the field on this topic.) But most likely, the simplest explanation for the emergence of this newest participant in an old debate came yesterday, when TAB also released a proposal to roll back more than $4 billion in state corporate tax revenues. If adopted, the missing revenue would have to be made up in spending cuts elsewhere, and it looks like prison costs may be one of those targets.
TDCJ-CJAD probation report. The Criminal Justice Assistance Division (CJAD) of TDCJ recently released its annual report on community supervision in Texas (click for PDF copy). Specifically, it reported to the Legislature that the additional treatment and rehabilitation funding provided to probation departments since 2006 has resulted in decreased revocations to TDCJ, decreased revocations for technical violations, and increased early terminations of probations. However, probation departments are now experiencing an increasing demand for treatment services and they are supervising a "more challenging population," as they put it—meaning more high-risk offenders are now on probation instead of behind bars, putting new strains on probation departments and their officers (who have an average caseload of 109 offenders to watch). In addition, the report shows that the two types of offenders most likely to fail on probation and be revoked in spite of all these new treatment options are property and drug offenders. (Hey, weren't we just talking about them?) Put it all together and one conclusion that can be drawn is that the Legislature might want to consider providing better rehabilitation options for the people the courts are already putting (and keeping) on probation before they shove even more "challenging populations" down the throats of an overloaded probation system.
New LBB recommendations. Speaking of reports, the Legislative Budget Board (LBB) recently issued a 480-page whopper of one on "Government Effectiveness and Efficiency" that contained numerous recommendations to the Legislature on how to save money. We want to alert you to two of those recommendations that apply to the criminal justice system.
First, the LBB believes that Texas can save money by creating a "permanent mechanism to review sentencing policies and control criminal costs." Specifically, it recommends the establishment of a sentencing commission to comprehensively review Texas sentencing laws and properly (re-)align penalties with offenses, modernize laws, and study statewide sentencing every 10 years, at the cost of about $1 million for this next biennium. Timing-wise, this should be no surprise; Texas created its first model Penal Code in 1973, then re-wrote it 20 years later in 1993, and now it's 2013, another 20 years down the road. (Perhaps this is proof that the Legislature simply can't go more than 20 years without screwing up a good thing.) In addition, about half the states have some form of sentencing commission—but unlike Texas, none of those states permit jury sentencing, so it is an open question whether the two concepts are mutually exclusive. Perhaps of greatest interest to prosecutors, however, is the LBB's belief that this decennial commission would give "cost containment" a greater role in future criminal justice policy. That is most certainly their primary concern in the criminal justice system; is it yours?
Since we're talking about cost containment, the other recommendation we'll mention concerns medically-recommended intensive supervision, or "MRIS." As medical care becomes increasingly expensive, the prison system has struggled with the high cost of treating hospitalized inmates. The MRIS system has existed since the early 1990s, but the parole board has been reluctant to grant releases under the program due to allegedly terminally ill inmates who were released in the past and then miraculously recovered and committed additional crimes. To make the program more efficient, the LBB suggests removing elderly inmates from per se consideration (which will reduce the number of inmates that must be reviewed for release) but expanding eligibility to include 3g and sex offenders who suffer from a condition that does not rise to the current law's requirement of "a terminal illness." Under the LBB's proposal, any inmate with a terminal illness OR a physical disability OR a condition requiring long-term care OR a mental illness OR mental retardation can be released on medical parole if the parole board determines the inmate is not a threat to public safety. (And such a bill has already been filed; see HB 512 by S. Thompson.) As far as we can tell, what the LBB proposal does not include is any opportunity for prosecutors to weigh in on this process or learn about the offender's condition. But that should hardly be surprising; after all, they are the Legislative BUDGET Board, not the public safety board. Therefore, it will be up to prosecutors to provide that perspective, if any, this session.
Discovery reform meets technology. There will be multiple bills filed this session to change the way discovery is done in criminal cases, but technology can often make those amendments obsolete. For example, the Governor's Criminal Justice Division (CJD) just released its Request for Applications (RFA) for the 2013-2014 Justice Assistance Grant (JAG) program. One significant development for prosecutors is that there is a new grant priority directed to "technology that promotes electronic discovery for defense counsel." If you've always wanted to move your county to a new, less paper-reliant discovery system, this could be just the seed money you need. The deadline for grant applications is February 28, 2013, so don't delay! The RFA includes more detailed information and can be found on our website at http://www.tdcaa.com/announcements/rfa-jag-grant-funds-now-available.
CJD grants and reporting requirements. Speaking of grants, today the CJD also issued a memo reminding all its grant applicants that CJD will not award funds to any unit of government or non-profit agency located in a county that reports less than 90% of its adult and juvenile criminal history dispositions to DPS as of August 1, 2013. When this policy was initiated in regard to the reporting of adult dispositions last year, 227 of the 254 counties met the 90% requirement by the deadline, but it remains to be seen if the same compliance can be reached when juvenile dispositions are included. As with last year's announcement, CJD will consider requests for short-term grant funding to assist counties in meeting the 90% requirement; contact Judy Switzer (email@example.com) if you would like to discuss that assistance. Also, if you have any technical questions about criminal history data reporting requirements or would like contact information for the DPS field liaison for your area, contact Angie Kendall (firstname.lastname@example.com) at DPS.
Next week. It should be another relatively quiet week as legislators recover from their post-inauguration party hangovers and get back to work mid-week. It's expected that committee assignments could be handed down on Friday, which will give us an idea of which legislators will have the primary role in your business this session. Until then, we wait and watch.
Newly-filed bills. Speaking of bills, here's a list of some filed this past week:
HB 452 by Dukes increasing penalties for certain acts of deadly conduct
HB 469 by Hernandez Luna loosening the eligibility requirements for visiting judges
HB 470 by White requiring elected officers to be physically present in office
HB 501 by Hernandez Luna permitting asset forfeiture funds from law enforcement agencies to be used for certain college scholarships
HB 512 by S. Thompson changing eligibility rules for medical parole
HB 516 by Pitts relating to DWI blood search warrants issued by certain judges
HB 517 by Pitts increasing the parole eligibility rules for felony DWI offenders
HB 526 by Capriglione limiting confidentiality of public retirement system records
HB 528 by S. Turner further restricting access to juveniles' fine-only misdemeanor records
HB 530 by Fletcher expanding the interception of wire/oral/electronic communications
HB 534 by Kleinschmidt increasing penalties for repeated acts of resisting arrest
HB 544 by Kleinschmidt lowering penalties for theft of certain metals under $500
HB 553 by Otto creating a criminal offense for enforcing certain federal gun regulations
HB 557 by L. Gonzales requiring only one rear license plate on a vehicle
HB 574 by Lozano making bail jumping for murder or capital murder a 1st-degree felony
SB 178 by Davis expanding disclosures on candidates' personal financial statements
SB 182 by Birdwell authorizing concealed handguns on college campuses
As always, you can read these bills at www.capitol.state.tx.us or use the bill tracking buttons on the top of our legislative webpage to check the status of bills amending the Penal Code, Code of Criminal Procedure, and some other important bills we are watching.
Quotes of the week. Here are some bon mots from the second week of the session to inform and/or entertain you.
"The Legislature is tough on crime and potential criminal defendants, except when it's them."
—Fred Lewis, ethics watchdog, explaining why the Texas Ethics Commission has no teeth.
"We're sending too many people to the slammer. The taxpayers and the business community are both being harmed."
—Bill Hammond, TAB president, explaining why his group wants fewer people incarcerated.
"Every dollar spent on prisons that doesn't need to be spent there can't be spent on roads, infrastructure, schools, and all the other priorities that the state needs to have, to have a successful business environment. … An inefficient corrections system hurts business with higher taxes."
—Marc Levin, with the conservative/libertarian Texas Public Policy Foundation, explaining why the business community should support a smaller prison system.
"It appears that even though the OU defense couldn't stop him, the City of Ennis P.D. is a different story altogether."
—Ennis Municipal Court Judge Lee Johnson, posting comments on his Facebook page after Heisman Trophy-winning Aggie QB Johnny Manziel recently received a speeding ticket in his city. Judge Johnson (a graduate of Baylor) may face sanctions from the State Commission on Judicial Conduct due to the post.
Have a great weekend!
TDCAA Legislative Recap - Week I
Posted: Friday, January 11, 2013
Well, if every week of the legislature is this quiet we'll never have anything to complain about. (Yeah, right.)
Ladies and gentlemen, start your engines! The week started with Comptroller Susan Combs presenting her Biennial Revenue Estimate to the Legislature. That information represents her best guesstimate of the revenue available for the Legislature to spend in the 2014–2015 state budget. This week, her Magic 8-ball revealed that the bean-counters should have $101.4 billion in general revenue to spend, a 12.4 percent increase over the current two-year budget cycle. That figure provides sufficient funding to cover all state agencies' baseline budget requests and leaves enough of a surplus to close some sizable holes left over from last session's cuts, should lawmakers decide they want to do that (which is no sure bet). Combs also projected the rainy day fund would increase by $3.6 billion to a total of $11.8 billion available for use by end of the next biennium. But again, tapping the rainy day fund has become something of a third rail of state GOP politics, so most of that money might as well be encased in amber—pretty to look at, but of no practical use right now.
It remains to be seen what this all means for the funding of issues important to your work. The rosy fiscal outlook bodes well for avoiding cuts to DA apportionment funding and the like, but there are many more open maws at the Capitol than there are budget worms to feed them. In addition, the surplus may finally make it easier for legislative budgeteers to wean themselves from the smoke-and-mirror financial tricks they have historically used to balance the state budget—such as using dedicated crime victims' funds for things other than direct reimbursements to victims—but doing so could incur a real cost of more than one billion dollars from general revenue. (Yes, that is a lot of budget fudgery, but that's what they've been doing for session after session.) So to sum things up … we don't know how this is all going to shake out, but we'll be watching this topic during the session and keep you posted as new themes develop.
State Bar. Did you know your state bar association has a legislative program? If not, click here for a chart of the issues that will be pursued by the Bar this session.
Next week. Membership (in the legislature) does have its privileges. For instance, the House and Senate will not meet from Wednesday, January 16 through Tuesday, January 22 because of the presidential inauguration festivities in Washington, D.C. (All of you have your VIP tickets to the ball, don't you?) That doesn't mean the state capitol will be shut down—bills will still be filed—but it does potentially delay the appointment of committee chairmen and other members, which delays their first meetings, which delays their ability to debate and vote out bills, and so on. Not that any of that is a bad thing, but keep this "lost week" in mind at the end of the session when tempers flare as bills are killed because the clock runs out on them.
Newly-filed bills. Speaking of bills, here's a list of some filed this past week:
HB 350 by Canales permitting defendants access to certain evidence
HB 382 by Burnam requiring disclosure of certain settlements involving public funds
HB 385 by Thompson permitting counties to self-insure in lieu of officeholder bonds
HB 386 by Thompson restricting parole for human trafficking/compelling prostitution
HB 412 by P. King enhancing penalties for false claims relating to charitable entities
HB 413 by C. Turner eliminating the "Perry loophole" in state retirement plans
HB 431 by Riddle restricting prison release for certain injury to a child offenses
HB 434 by Riddle authorizing EMTs to draw blood in certain DWI arrests
HB 435 by S. Turner prohibiting peace officers from drawing blood in certain DWI arrests
(nothing of interest was filed in the Senate this week.)
As always, you can read these bills at www.capitol.state.tx.us or contact Shannon or Rob at TDCAA for more information. Also, don't forget to use the bill tracking buttons on the top of our legislative webpage to check the status of bills amending the Penal Code, Code of Criminal Procedure, and other bills to watch.
Indigent defense seminar. The Texas Indigent Defense Commission is hosting a free training on what it does and how counties can apply for their grant funds. The program will be held at the Capitol in the Extension Auditorium on Thursday, January 17, from 10:00 a.m. to noon, and will be led by CCA Presiding Judge Sharon Keller. An agenda and registration instructions are available online.
Quotes of the week. The first week of the session is always ripe for good quotes. Here are some of our favorites.
"The Texas House of Representatives, I've long professed, is perfectly representative of the people it represents: Some members are brilliant and well-motivated, some are crooks, and the overwhelming majority are wondering what's for lunch."
—Ken Herman, Austin American-Statesman columnist.
"What I can assure you, by being here for five months, I know that we in the Texas House and Texas Senate will do our part to keep your town weird."
—House Speaker Joe Straus (R-San Antonio), in a recent speech to an Austin group.
"You're always wrong. It's just a matter of by how much."
—Billy Hamilton, state budget guru and former revenue estimator, on the accuracy of comptrollers' revenue estimates at the start of each biennial legislative session.
"No theater does a better job of putting human strengths and weaknesses on public display."
—Paul Burka, Texas Monthly's legislative guru, musing on the Texas Legislature as he prepares for his 25th biennial session.
That's all for now!
TDCAA Legislative Update - January 4, 2013
Posted: Friday, January 4, 2013
Four days and counting until the start of the 83rd Regular Session of the Texas Legislature. Guess this thing is actually going to happen. Can't tell you how peeved we are that the Mayans were wrong.
#StateJailFail.[1] This hash tag neatly sums up the conclusions reached by several policy groups on opposite ends of the political spectrum. On the left, the Texas Criminal Justice Coalition (TCJC) recently issued talking points attacking the state jail system for needlessly locking up non-violent offenders who they believe should be on community supervision. On the right, the Texas Public Policy Foundation (TPPF) has a Center for Effective Justice that also issued a white paper and an editorial attacking the state jail system for being too costly and having a higher recidivism rate than inmates coming out of (what used to be known as) TDCJ's institutional division. The topic also made for a weekend cover story in the Austin American-Statesman, which pointed out that the lack of treatment and rehabilitation programs in state jails, combined with the proliferation of drug courts and other specialty programs in local communities, might have made the 1990s-era state jail model obsolete.
And truth be told, prosecutors as a group have never seemed very enamored of the state jail system. The initial mandatory probation aspect of the punishment scheme was considered necessary to make the prison (read: state budget) numbers more manageable and was part of a well-intentioned belief that combining lots of treatment programs with short stays in the state jail for misconduct would reduce recidivism. Unfortunately, the mandatory probation aspect of the system created an immediate train wreck on court dockets throughout the state and it proved to be politically unpopular with legislators and state leaders facing re-election, so the legislature quickly back-tracked on the whole idea (followed by a see-saw effect over the years as various offenses were again granted or subsequently denied mandatory probation status). In addition, the odd enhancement provisions and unique rules applying only to state jail felonies have always created confusion and/or frustration. Legislative tinkering around the edges—like the "diligent participation credits" enacted by last session's HB 2649—have usually not panned out, either. (Not only is that kind of non-parole clemency of questionable constitutionality, but no one in the system—including the inmates themselves—seems to like it.) Finally, the legislature's continued failure to adequately fund the "therapeutic treatment community" model originally envisioned by the system's creators have hamstrung to state jail model from the outset, leaving it as little more than a fourth-degree felony without parole.
So, where does the state go from here? Well, the coordinated attacks from the right and the left both propose essentially the same solution: returning to mandatory probation for state jail felons, reserving temporary confinement only for use as a modification/revocation option, and implementing an early release/parole aspect for re-entry of those who are revoked and confined. This concept appeals to these strange political bedfellows because neither want anyone locked up for any non-violent crime (albeit for different reasons). Of course, that "back to the future" solution was exactly the kind of poorly-thought-out policy that didn't work in the mid-1990s because it ignored the realities of the plea bargaining and trial process that puts offenders into the state jail system in the first place. It also doubles-down on the failed concept of tasking all judges with micro-managing state jail probationers, which is not why anyone runs for a seat on a district court bench. But if it's true that those who don't their know history are destined to repeat it, then we could be in for another verse of this same old tune unless prosecutors educate today's policymakers on why their predecessors' policies failed. This could also be an opportunity to float new ideas for these offenders —keeping in mind that anything costing the state more than it currently spends on the state jail system will be dead on arrival, of course.
Pre-filed bills. Legislators pre-filed almost 130 bills in December. (That might sound like a lot, but later in the session, they will be filing that many [or more] bills every single day.) Several of them might sound familiar from past sessions, while others have been newly sprung from the clever/devious minds at the Capitol. Here's a sampling:
HB 220 by Price authorizing courts to stack certain injury to a child cases
HB 235 by Riddle enhancing the punishment for burglary of a vehicle
HB 255 by Miles expanding early prison release programs for certain drug offenders
HB 256 by Miles expanding early prison release programs for certain probation violators
HB 260 by Callegari mandating ignition interlock for DWI-1st offense
HB 261 by Miles requiring severance of co-defendants' trials in death penalty cases
HB 266 by Miles increasing the penalty for official oppression by peace officers
HB 279 by Lucio III enhancing the punishment for theft of a pet
HB 281 by Lucio III granting deceased peace officer's families a right of allocution
HB 289 by Zedler expanding the AG's authority to investigate election-related crimes
HB 295 by Rodriguez creating a commission to study drowsy driving
HB 309 by Fletcher creating an offense for sex-selective abortions
HB 319 by Dutton prohibiting the death penalty for defendants convicted as a party
HB 320 by Dutton mandating recordings of custodial interrogations in death penalty cases
HB 321 by Dutton limiting the collateral consequences of a deferred adjudication
HB 328 by Dutton making intentional Brady violations a felony w/ no statute of limitations
HB 330 by Riddle authorizing extraneous evidence in the trial of certain sex crimes
HJR 51 by Murphy denying bail to certain felons who are unlawfully present in the U.S.
SB 12 by Huffman authorizing extraneous evidence in the trial of certain sex crimes
SB 20 by Patrick criminalizing certain searches ("Don't Touch My Junk" bill)
As always, you can read these bills at www.capitol.state.tx.us or contact Shannon or Rob at TDCAA for more information.
Quotes of the week. As always, we save the best for last.
"I don't think we ought to do away with state jails, but I don't think it's practical to go back to the original concept, either. A lot has changed in our criminal justice system since 1995."
—State Sen. John Whitmire (D-Houston), chairman of the Senate Criminal Justice Committee, commenting upon the various proposals to change the state jail system.
"I've heard of people being killed playing ping-pong—ping-pongs are more dangerous than guns. Flat-screen TVs are injuring more kids today than anything."
—State Rep.-elect Kyle Kacal (R-Bryan), telling the Bryan-College Station Eagle why he opposes certain gun control initiatives in the wake of the Sandy Hook (CT) school shooting.
"A Michigan lawyer has been arrested for manufacturing crystal meth in his office. I hope the fact that this guy's a lawyer doesn't send the message that somehow all meth dealers are sleaze balls."
—Jay Leno
That's all for now! The real fun will start next week, so tune in again next Friday for more scoop.
[1] This clever Twitter hash tag was created by the TCJC, but if you aren't following us on Twitter, you should be. We have over 500 followers and are adding more every day. Go to www.twitter.com/tdcaa and follow us today so you can stay abreast of legislative news as it happens!
Interim Legislative Update - November 2012
Posted Friday, November 30, 2012
One might think we're in a holiday lull between the general election and the start of the next regular session of the Legislature, but in reality, there is no shortage of activity in Austin. Bills are being filed, returning legislators are picking new offices and furnishings, and newly-elected legislators are attending orientation sessions, hiring staffers, and finding out where the bathrooms are hidden around the Capitol, so the building is a beehive of activity. And for those of you coming to town for our Elected Prosecutor Conference, note that you should drive with care and be sure to avoid hitting any of those new legislators—they'll be the stunned, glassy-eyed zombies wandering aimlessly around downtown wondering what they just got themselves into.
Interesting pre-filed bills. We're three weeks into the bill-filing period for the 83rd Legislature. After a quick start, the frequency of filings has slowed to a crawl, but we're already tracking 110 bills. To give you an example of what has been filed to date, here are the some of the high-/lowlights so far. Several of these bills might sound familiar from past sessions, while others have been newly sprung from the clever/devious minds at the Capitol. Here's a sampling:
HB 60 by Guillen criminalizing the failure to report a missing/dead child ("Caylee's Law")
HB 70 by Fletcher creating an exception to The Rule for certain State's witnesses
HB 72 by Fletcher increasing the penalty for hit-and-run fatalities
HB 80 by Simpson, the TSA anti-groping bill ("Don't Touch My Junk")
HB 104 by Gonzales repealing the Driver Responsibility Program (DPS surcharges)
HB 111 by Raymond increasing hot-check fees collected by prosecutors
HB 166 by McClendon creating an innocence commission
HB 167 by McClendon establishing victim-offender mediation programs
HB 212 by Alonzo requiring courts to hold pre-trial hearings and rule on certain motions
SB 87 by Ellis requiring electronic recording of certain custodial interrogations
SB 89 by Ellis creating an innocence commission
SB 91 by Ellis mandating reciprocal discovery in criminal cases
SB 98 by Patrick authorizing deferred adjudication for DWI-1st offenses
SB 130 by Nelson relating to representation by prosecutors in protective orders
There have also been six different bills filed to crack down on texting while driving, and even more bills filed to legalize gambling in one form or another (including eight-liners); we'll spare you the details on those until some of them break from the pack and look more promising.
Remember that you can follow along with us on many of the bills filed this session. Specifically, for legislation that amends the Penal Code, the Code of Criminal Procedure, or is otherwise what we deem a particularly important "bill to watch," click on the relevant button at the top of this page. (The tracking lists are updated every 24 hours.) Note, however, that those are just three of the thirty-five different tracking codes that we use to follow legislation, so don't be alarmed if your favorite—or least favorite—bill is not on one of those main three tracks. You can also track bills yourself using the state's public website; visit www.capitol.state.tx.us to check individual bills, or create a free account with them and start your own tracking lists. And as always, if you have specific questions about anything, email Shannon.
Interim hearings. Here is the only posted hearing of interest coming up:
COMMITTEE: House Criminal Jurisprudence
TIME & DATE: Monday, December 3, 2012, at 10:00 a.m.
CHARGES: Study current DWI laws and make recommendations, including requiring interlock devices (invited testimony only)
There probably won't be any other interim hearings after this one. Instead, committees will start churning out their final reports and recommendations on the issues they've reviewed. Consider it a grown-up take on the old "What I did on my summer vacation" essay assignment in school. If any relevant or interesting recommendations come from those reports, we'll be sure to alert you.
Elected Prosecutor Conference. The Elected Prosecutor Conference is set for December 5–7 at the Omni Southpark in Austin, and it's shaping up to be a great one. At last check, we had more than 190 people registered for the course, which should make this the most popular Elected Prosecutor Conference of all time! We've even sold out our room block at the Omni—fortunately for you late-comers, though, there is another hotel across the street that can accommodate you; check our website for the latest details. Online registration is closed, but walk-in registrations will be welcomed. Also, if you have questions about the newly-elected prosecutor boot camp being held Tuesday–Wednesday, call Rob Kepple at 512/474-2436 or email him.
From bosses to babies. After our Elected Prosecutor Conference, TDCAA's January Prosecutor Trial Skills Course is on deck. It runs January 13–18, 2013, at the Radisson on Town Lake in Austin. This course is aimed at new prosecutors looking to increase their effectiveness and knowledge. It is an engaging mixture of lectures and table exercises—led by experienced prosecutor faculty—that also includes four free TDCAA publications for all attendees: Predicate Questions Manual, Traffic Stops, DWI Investigation and Prosecution, and The Perfect Plea. Reserve your spot today at http://www.tdcaa.com/training/2013-prosecutor-trial-skills-course-january.
Quotes of the month. As always, we save the best for last.
"Members of the commission are appointed by elected state leaders and would be enforcing criminal actions against those same elected officials. If it ain't broke, don't mess with it."
—Tom Harrison, former Texas Ethics Commission director, opposing a proposal to move public integrity enforcement from the Travis County district attorney to the TEC. The commission subsequently backed away from the idea after encountering opposition on several fronts.
"With all these affairs going on in the military … it sure seems to me that we have way too many generals taking orders from their privates."
—Rush Limbaugh, radio talk-show host, on the recent Petraeus, et al., scandal.
"Hostess Bakery plants shut down due to a workers' strike and were split up. The State Department hired all the Twinkies, the Secret Service hired all the Ho Hos, the generals are sleeping with the Cupcakes, and the voters sent all the Ding Dongs to Congress."
—Argus Hamilton, political comedian
That's all for this month!
Interim Update: Post-Election Results
Posted (from previous version): November 16, 2012
New legislative line-up, or same-old, same-old? The shortest way to summarize Texas' legislative races is that many of the faces will change, but the numbers won't. For example, there will be 44 new House members (out of 150 total seats), but the overall partisan split moved by only seven seats. The GOP gave back some of the gains it made in 2010, but Republicans still hold a 95-55 advantage over their Democratic colleagues. Over in the Senate, five new members (out of 31 total seats)—all Republicans—will claim their spots in the upper chamber, but the overall split is the same as before: a 19-12 GOP advantage. This leaves Republicans in firm control of the state legislature, but just shy of wielding super-majorities in both chambers. For more on what looms ahead, be sure to come to our Elected Prosecutor Conference in four weeks!
Bill filing starts Monday. Legislators can start to file legislation for the impending 83rd Regular Session on Monday. If history is any guide, a few hundred bills will be filed next week, then that brief burst of action will slow to a crawl until after the holiday season. As always, TDCAA will be tracking various bills of interest to prosecutors, and you can follow along with us through the links at the top of our Legislative webpage. There you can find bill tracking reports for legislation that amends the Penal Code, the Code of Criminal Procedure, and a general "Bills to Watch" category for the most important bills (like those that affect your funding, your jurisdiction, and your conduct).
Beginning with our next update in two weeks, we will provide a summary of the most important, outrageous, or sneaky bills being filed in the Legislature. The pre-filing period usually consists of a large volume of several hundred bills being filed immediately, after which the filings slow to a trickle until the second week of January. Statistically, pre-filed bills have no greater chance of success than bills filed after the session begins, and they arguably fare worse than bills filed as late as March, but that doesn't stop legislators from doing it anyway. Pre-filing is mostly an opportunity for legislators to draw attention to themselves their legislative priorities during the holiday season's slow news cycle, so don't get too worked up about anything you see before 2013.
Legislative rotation. Starting with next month's Elected Prosecutor Conference, we will be signing up prosecutors to volunteer to come to Austin to watch/learn about/impact the legislative process. This popular rotation program enables prosecutors to come to Austin for two to four days of legislative sausage-making. The program is open to any TDCAA member from any office. If interested, email Shannon or call him at 512/474-2436 to request more information and/or reserve your spot during a week of your choice. We will schedule two prosecutors per week on a first-come, first-served basis, so don't delay—talk to your judge(s) and your staff and plan a trip to Austin soon. We'd love to see you this session, so reserve your week today!
Elected Prosecutor Conference. As previously mentioned, our Elected Prosecutor Conference is set for December 5–7 at the Omni Southpark in Austin. We already have more than 160 elected prosecutors pre-registered for the event, so this is shaping up to be one of the biggest Elected courses in recent history. If you aren't already signed up, register for the course today athttp://www.tdcaa.com/training/2012-elected-prosecutor-conference. Also, if you have any questions about the newly-elected prosecutor boot camp that accompanies the conference, call Rob Kepple at 512/474-2436 or email him.
Quotes of the month. As always, we save the best for last.
"It's pretty hard for the caucus to be more conservative than it has been."
—Eric Bearse, Republican consultant to Speaker Joe Straus, answering claims that the make-up of the next Texas House will be more conservative than ever.
"We're relevant again."
—State. Rep. Jessica Farrar (D-Houston), leader of the House Democratic Caucus, referring to the end of the Republican super-majority in that chamber.
"Federal law still says marijuana is an illegal drug, so don't break out the Cheetos or gold fish too quickly."
—Colorado Governor John Hickenlooper (D), cautioning his citizens about the limits of their state's new constitutional amendment legalizing the recreational possession of up to 1 oz. of marijuana for adults. Washington state also passed a similar measure.
And finally, one of our favorite post-election quotes, applicable to every election at every level of government:
"Democracy is the theory that the common people know what they want and deserve to get it good and hard."
—American satirist H.L. Mencken (1880-1956).
Interim Legislative Update - October 2012
Posted: Friday, October 26, 2012
Election fever—have you caught it yet? We were inoculated a few weeks ago, thankfully. Despite that precaution, there will be an election in 11 days, and pre-filing of bills for the 83rd Regular Session will begin one week after that. We'll issue a mid-month update of prosecutors' election results after we gather that information, and November's end-of-month interim update will include a summary of some of the most interesting pre-filed bills. You can also follow that legislation through our association website. Stay tuned for more details on that next month.
Pre-filed bills. Many prosecutors seeking to pass legislation wonder if they should get their bills filed before legislators convene in January. Our answer? "Meh." In general, pre-filed legislation has no greater odds of success than legislation filed after the start of the regular session. (Some experts even assert that pre-filing a bill only gives the bill's opponents more time to work against it!) We suggest that you request to have your bill filed when it's ready to be filed. If that's November 13, 2012, then that's fine. If that's February 13, 2013, that is also fine. (But don't wait much longer than that!) If you have specific questions about this issue, feel free to email Shannon or call him at 512/474-2436.
Prosecutorial accountability. It seems like not a week goes by without us finding a Texas news story or editorial touching on this important subject. If you haven't already done so, read "Setting the Record Straight on Prosecutorial Misconduct," the association's report on this topic, which has a dedicated page on our website at http://www.tdcaa.com/reports/setting-the-record-straight-on-prosecutorial-misconduct. That web page has received over 3,000 hits so far, but don't assume your local legislators have read it; the better practice is to read it yourself and then share it with them to educate the people who will—not "may," but will—be making important decisions on this topic next session.
Pattern jury charges. As you may know, the State Bar of Texas is (finally) publishing criminal pattern jury charges. In the last four years, the committee on criminal pattern jury charges has released three volumes: Intoxication and Controlled Substances (2009), Defenses (2010), and Crimes Against Persons (2011). A fourth volume of Crimes Against Property will be published this winter. Moreover, the committee is currently preparing a fifth volume to include pattern charges on: attempts, solicitation, conspiracy, organized criminal activity, and money laundering. To ensure the charges are based on current law, consistent across the volumes as the series evolve, and most useful to practitioners, a subcommittee has now been tasked with updating the first two volumes. That subcommittee is interested in receiving comments and suggestions on the current charges from the first two volumes. Comments useful to the committee will include specific feedback on the content and utility of those charges and should be emailed to our Senior Appellate Attorney, John Stride, before December 31, 2012.
Interim hearings. Here are some hearings of interest coming up soon:
COMMITTEE: Senate Criminal Justice (with the Senate Education Committee)
TIME & DATE: Tuesday, October 30, 2012, at 9:30 a.m.
PLACE: E1.036 (Senate Finance Hearing Room)
CHARGES: Joint hearing on school discipline practices, including juvenile referrals, Class C citations, "zero tolerance" policies, and school PDs
COMMITTEE: Senate Criminal Justice
TIME & DATE: Tuesday, October 30, 2012, at noon or upon adj. of prior hearing
CHARGES: Charge 6 (prescription drug abuse trends, education, prevention)
Charge 8 (implementation of SB 321 re: employees' firearm rights)
COMMITTEE: Senate Open Government
TIME & DATE: Monday, November 26, 2012, at 10:00 a.m.
PLACE: 2E.20 (Betty King Committee Room)
CHARGES: All (privatization, security, record retention, burdensome/frivolous requests, and review of last session's legislation)
Time for another DWI Summit! Our third DWI Summit, entitled Guarding America's Roadways: Investigating & Prosecuting the Impaired Driving Crash, will be broadcast over the Anheuser-Busch Company's satellite network on November 15. It's free to all Texas prosecutors and law enforcement officers and includes five hours of MCLE/TCLEOSE credit, plus three free TDCAA publications. Visit http://www.tdcaa.com/training/2012-dwi-summit to register today!
Elected Prosecutor Conference. The Elected Prosecutor Conference is set for December 5–7 at the Omni Southpark in Austin; don't forget to register for the course at http://www.tdcaa.com/training/2012-elected-prosecutor-conference. If you have any questions about the newly-elected prosecutor boot camp that accompanies it, call Rob Kepple at 512/474-2436 or email him.
TAC training for new public officials. In addition to our newly-elected boot camp in Austin, the Texas Association of Counties (TAC) will be conducting their biennial Newly Elected Official Training this December. These informal luncheons present an opportunity for networking between experienced county officials and those new to county government. The luncheons will be held in eight locations across the state and are open to both new officials and you old hands who have some wisdom to share. Here is the schedule
Dec. 4 - McAllen
Dec. 4 - Tyler
Dec. 11 - Odessa
Dec. 11 - Conroe
Dec. 12 - Lubbock
Dec. 13 - Abilene
Dec. 13 - Waco
Dec. 18 - San Antonio
For specific location information, visit TAC's education calendar and please RSVP for lunch.
Quotes of the month. As always, we save the best for last.
"The business I'm in is a business any fool can get into."
—Harrison Hickman, pollster for several presidential campaigns, explaining under oath (in the federal prosecution of former Democratic presidential candidate John Edwards) how he and his peers routinely use questionable poll results as "propaganda for the campaign."
"If you don't want to attract the attention of police, obey all laws, obey city ordinances, don't defecate, don't urinate, don't sit and lie in front of somebody's residence, and the police department is going to leave you alone."
—Austin Police Chief Art Acevedo, responding to concerns that his department is cracking down too hard on homeless people living in downtown Austin.
"When I first started using it, (suspects) didn't believe it was real. Even the guys who lied about their names say, 'That's cool' and 'I didn't think it would work.'"
—King County (WA) Deputy Sheriff Ryan Abbott, on his department's recent adoption of portable fingerprint scanners for use in the field.
That's all for this month!
Interim Legislative Update - September 2012
Posted: Friday, September 28, 2012
Thanks to everyone who came down to South Padre to make this year's Annual Update one of the best ever. We loved seeing people enjoy themselves while logging some quality MCLE and TCLEOSE hours. Next year's Annual will be in Galveston, so reserve your rooms now!
New TDCAA officers for 2013. The TDCAA Annual Business Meeting was held last week in South Padre. Here are the results of the elections for Board:
Chairman of the Board: Lee Hon, CDA in Livingston
President: David Escamilla, CA in Austin
President Elect: Rene Peña, DA in Floresville
Secretary/Treasurer: Staley Heatly, DA in Vernon
Criminal District Attorney-at-Large: Joe Shannon, CDA in Fort Worth
County Attorney-at-Large: Daphne Session, CA in Crockett
Region 1 Director: Randall Sims, DA in Amarillo
Region 2 Director: Randy Reynolds, DA in Pecos
Region 4 Director: Patrick Flanigan, DA in Sinton
Region 7 Director: Maureen Shelton, CDA in Wichita Falls
Assistant Prosecutor-At-Large: Dan Joiner, Asst. CDA in Abilene (by appointment)
These prosecutors assume their new office on January 1, 2013. Next time you see any of them, wish them luck in their new endeavors and thank them for their service!
The future of public retirement systems. The House Committee on Pensions, Investments, and Financial Services held an interim hearing earlier this month on the status of various public pension systems and what changes (if any) they need. The Texas County & District Retirement System (TCDRS) was first in the dock and received positive reviews from several committee members, some of whom went so far as to ask what lessons from TCDRS's success could be applied to other, less robust public pension systems. However, it wasn't all hugs and kisses—Collin County Judge Keith Self testified to complain about his county having to supplement their employees' retirement payments and suggested that TCDRS' seven-percent guaranteed return be abolished and replaced by pure market returns to help counties meet (read: stop funding) that obligation in the future. There was also public testimony from several taxpayers from Collin and Grayson Counties complaining about TCDRS (which leads us to wonder if there is something in the water up in North Texas that makes people get worked up about this issue).
The retirement systems for state employees (ERS), teachers (TRS), and municipal workers (TMRS) all had their say as well. Among the points made by representatives of those groups was the observation that the state can't switch them to defined contribution (401(k)-type) systems for new hires without destroying the funding system for existing obligations. Other studies conducted by these systems concluded that switching to defined contribution plans would cost more to deliver the same returns as the current defined benefit plan. Of course, many of those advocating for the elimination of public pensions are just fine with shrinking the retirement benefits provided to public employees, but right now, it appears that the only reason to change the nature of public retirement systems in Texas is ideology, not fiscal security.
Interim hearings. Work at the Capitol will slow down as the November elections consume the politicians' attention, but here are a few hearings of interest:
COMMITTEE: Senate Criminal Justice (with the Senate Education Committee)
TIME & DATE: Tuesday, October 30, 2012, at 9:30 a.m.
PLACE: E1.036 (Senate Finance Hearing Room)
CHARGES: Joint hearing on school discipline practices, including juvenile referrals, Class C citations, "zero tolerance" policies, and school police departments
COMMITTEE: Senate Criminal Justice
TIME & DATE: Tuesday, October 30, 2012, 15 minutes after joint hearing
CHARGE: Prescription drug abuse
COMMITTEE: Senate Select Committee on Open Government
TIME & DATE: Monday, November 26, at 10:00 a.m.
PLACE: 2E.20 (Betty King Committee Room)
CHARGE: Study all five charges (privatization, security, retention, frivolous requests, and prior legislation)
Victim services award. The Victim Services Board is accepting nominations for the first-ever Suzanne McDaniel Award in honor and memory of the special person who served as TDCAA's first Victim Services Director. The person selected for this award should exemplify the qualities that were so evident in Suzanne herself: advocacy, empathy, and the constant recognition of rights of victims. The criteria necessary for an individual to be nominated are as follows:
- The person must be employed by a County Attorney, District Attorney or Criminal District Attorney's Office in Texas;
- At least a portion of the individual's job duties must involve working directly with victims; and
- The person must have a demonstrated history of service to TDCAA, victim services, and prosecution.
Anyone working in a prosecutor's office may nominate a person who meets the above qualifications, even someone working in another office. To nominate someone, please provide the nominee's name, office of employment, phone number, and a short 50-word description of why you believe the person deserves this award. This information should be emailed to Diane Beckham. The nomination must be sent by 5:00 p.m. this Wednesday, October 3, 2012. The presentation of the award will take place during the Key Personnel/VAC conference (November 7–9, 2012, at the Dallas Sheraton).
Victim services board update. The chairman of the Victim Services board of directors for 2013 will be Jill McAfee (Bell County DA's Office), who will take over for Cyndi Jahn (Bexar County CDA's Office). Mary Robinson (Lubbock County CDA's Office) was also elected to be the new Region 1 representative. TDCAA has sent letters this week to all elected prosecutors in four other regions—Regions 3, 5, 7 and 8—seeking nominations for regional representatives in those locations for two-year terms that begin January 1, 2013. (Click HERE for a map of TDCAA regions.) Regional representatives are responsible for helping plan training for victim assistance coordinators (VACs) at prosecutor offices and answering technical assistance questions from VACs in the region. Elected prosecutors may send nominations to Diane Beckham by Monday, October 15. Nominations will be forwarded to current VS Board Chair Cyndi Jahn, who will then choose the new board members from the pool of nominees.
Time for another DWI Summit! Our third DWI Summit, entitled Guarding America's Roadways: Investigating & Prosecuting the Impaired Driving Crash, will be broadcast over the Anheuser-Busch Company's satellite network on November 15. It's free to all Texas prosecutors and law enforcement officers and includes five hours of MCLE/TCLEOSE credit, plus three free TDCAA publications. Online registration opens on October 9, so keep an eye on our website to sign up.
Preview of Elected Prosecutor Conference. The Elected Prosecutor Conference is set for December 5–7 at the Omni Southpark in Austin. You can register for the course at www.tdcaa.com/training. We will have great presentations on topics such as charging decisions, use of deferred prosecutions, office policies, discretionary funds, open government, ethics and the media, and the upcoming legislative session. In addition, we will continue our series of district and county attorney forums, where you have the opportunity to share your concerns and get help from fellow prosecutors.
Because this conference comes shortly after an election, we will also be hosting a Newly-Elected Boot Camp exclusively for prosecutors who have taken office in the last year or who will take office on January 1, 2013. This program will begin on Tuesday, December 4, at 2:00 p.m. (at the same location) and continue Wednesday morning before the general session begins. This boot camp program, taught by experienced district and county attorneys, is designed to prepare newly-elected prosecutors for the challenges of being their community's chief law enforcement officer and running a modern law office. If you have any questions about the boot camp, contact Rob Kepple.
Quote of the month. As always, we save the best for last.
"I had the defendant secure the squirrel and then exit the vehicle."
—from the offense report detailing the DUI arrest of Warren Michael III, who blamed his erratic driving on the squirrel in his shirt.
Interim Legislative Update - August 2012
Posted: August 30, 2012
To beat tomorrow's rush out of the office for the Labor Day weekend, we're sending out this month's update one day early while we still have your attention.
Notice of TDCAA business meeting. TDCAA will hold its annual business meeting in conjunction with our Annual Criminal and Civil Law Update. The meeting will take place immediately after the general session on Wednesday, September 19, 2012, at 5:00 p.m. at the South Padre Island Convention Centre. TDCAA has forwarded the following nominations for consideration by the general membership for TDCAA leadership positions that begin on January 1, 2013:
President Elect: Rene Pena, DA in Floresville
Secretary/Treasurer: Staley Heatly, DA in Vernon
Criminal District Attorney-at-Large: Joe Shannon, CDA in Fort Worth
County Attorney-at-Large: Daphne Session, CA in Crockett
Nominations for these positions may also be made from the floor. In addition, Regional Directors will conduct elections for their successors for Regions 1, 2, 4, and 7. (For a map of TDCAA regions, see http://www.tdcaa.com/announcements/notice-tdcaa-annual-business-meeting).
Notice of this meeting was posted on our website earlier this month in compliance with TDCAA bylaws. If you have any questions, please contact Rob Kepple.
Victim assistance board elections. The victim assistance board will be holding elections for representatives from TDCAA Regions 1, 3, 5, and 7 at the Annual Conference in September. Regional representatives are responsible for helping plan training for victim assistance coordinators (VACs) at prosecutor offices and answering technical assistance questions from VACs in the region. The elections will be held at 8:00 a.m. on Thursday, September 20 at the South Padre Island Convention Centre. Terms begin January 1 and run for two years.
Eligible candidates for the board must: 1) be employed by a district attorney, criminal DA, or county attorney and be designated to provide crime victim services; 2) be present at the elections; 3) have paid TDCAA membership dues prior to running for regional representative; and 4) not be serving on another TDCAA board (key personnel, investigator, parent board) at the same time.
For more information, please contact Diane Beckham at TDCAA or your out-going regional representative (Region 1: Laney Dickey; Region 3: Kathy Dixon; Region 5: Nancy Ghigna; Region 7: Blanca Burciaga) for more information.
Interim hearings. There hasn't been much to report on this front this summer, but things will pick up after Labor Day. Here is what is teed up for September so far:
COMMITTEE: Senate Criminal Justice
TIME & DATE: 10:00 a.m., Tuesday, September 4, 2012
PLACE: E1.016 (Hearing Room)
CHARGE(S): FIVE (TDCJ administrative segregation and solitary confinement); EIGHT (female TDCJ inmates)
COMMITTEE: Sunset Advisory Commission
TIME & DATE: 9:00 a.m., Wednesday, September 5, 2012
PLACE: E1.036 (Senate Finance Hearing Room)
CHARGE(S): Render decisions on TDCJ and the Board of Pardons and Paroles
COMMITTEE: House Committee on Pensions, Investments & Financial Services
TIME & DATE: 9:30 a.m., Wednesday, September 12, 2012
CHARGE(S): Review the Texas County and District Retirement System and the Texas Municipal Retirement System and examine plan provisions offered to individual participating counties and cities; monitor the study by the Employees Retirement System of Texas and the Teacher Retirement System of Texas of the viability of the current defined benefit plans as well as the implications and feasibility of creating a defined contribution or hybrid plan.
COMMITTEE: Joint Interim Committee to Study Human Trafficking
TIME & DATE: 10:00 a.m., Tuesday, September 25, 2012
PLACE: Student Services Building Conference Room (SSB208) at Lone Star College —North Harris, located at 2700 W.W. Thorne Drive, Houston, Texas 77073
CHARGE: Study the services available for victims of human trafficking; review procedures and services available for youth that have been identified as sex trafficking victims, including analysis of the appropriate criminal penalties associated with prostitution.
Training update. Have you registered for our Annual Conference yet? It's not too late! Visit our registration page at http://www.tdcaa.com/training/2012-annual-criminal-and-civil-law-update and sign up today so you can join us at TDCAA's 2012 Annual Criminal and Civil Law Update, which will be held September 19–21 on South Padre Island.
Next up? TDCAA's 2012 Key Personnel & Victim Assistance Coordinator Seminar, which is now open for registration at www.tdcaa.com/training. The course runs from November 7–9, 2012, at the Dallas Sheraton. We kick off the training with an exciting case study and how to comply with CJIS, then break into two workshops: The VAC workshop includes Family Violence and Military Families, Overzealous Outreach Advocates, U-Visa Issues, Cultural Diversity, and Dealing with Family Violence Victims, while the KP workshop includes Identifying and Dealing with Burnout, Family Code Kids: Records for Juvenile and CPS, Hot Checks—from Electronic Checks to Handwriting Experts, Subpoenaing Records from Social Media Sites, and a Panel Discussion by members of your KP Board. Save your spot by registering today!
Capital litigation training for prosecutors. The Center for American and International Law (CAILAW) is hosting training on capital murder litigation October 10–12, 2012, at its facility in Plano. Grant funding allows Texas prosecuting attorneys to attend this program for FREE—$0 tuition—and even receive some travel reimbursement. This training is supported by Capital Case Litigation Initiative (CCLI) Grant No. 2011-CP-BX-0001 awarded by the Office of Justice Programs, U.S. Department of Justice, to the Texas Court of Criminal Appeals. For more details, visit http://www.cailaw.org/ils_details/Details_12/ccli.html.
4th Annual TDCAF Golf Tournament. The Foundation's annual golf tournament will take place Wednesday, September 19, at the South Padre Island Golf Club at 8:00 a.m. Please visit our website and download a registration form at www.tdcaf.org or contact Jennifer Vitera to register or sponsor. Don't forget to wear your craziest golf outfit; the winner will be acknowledged at the opening reception! Funds raised through the golf tournament will support the 2012 Annual Campaign.
Quotes of the month. As always, we save the best for last.
"The Latino vote has become the chupacabra. Everyone's talking about it, but no one has seen it."
—Chuck Rocha, Democratic strategist, on his party's efforts to mobilize that voting bloc.
"He's going to try to hand over the sovereignty of the United States to the U.N., and what is going to happen when that happens? I'm thinking the worst. Civil unrest, civil disobedience, civil war, maybe. And we're not just talking a few riots here and demonstrations, we're talking Lexington, Concord, take up arms and get rid of the guy. Now, what's going to happen if we do that, if the public decides to do that? He's going to send in U.N. troops. I don't want 'em in Lubbock County. OK. So I'm going to stand in front of their armored personnel carrier and say, 'You're not coming in here.' And the sheriff, I've already asked him, I said, 'You gonna back me?' He said, 'Yeah, I'll back you.' Well, I don't want a bunch of rookies back there. I want trained, equipped, seasoned veteran officers to back me."
—Lubbock County Judge Tom Head (R), explaining why his county needs to expand its sheriff's office and give raises to its prosecutors.
"We're going to take it to warp speed. I believe this next Legislature will be the most conservative ever, even though I think we're already the most conservative in the country."
—State Sen. Dan Patrick (R-Houston), predicting the impact several new Republican senators will have when compared to the long-serving Republicans they are replacing.
"Texas has been tougher on kids breaking rules in schools than it has on the kids in (state lockups). It's nuts that it's taken us five years just to go from one broken system to another."
—State Sen. John Whitmire (D-Houston), on the continuing troubles at the state agency formerly known as the Texas Youth Commission. (Gee, you'd think changing the name would've solved all their problems, right?)
"What a shock that departments would say they need more money."
—State Rep. Jerry Madden (R-Plano), in response to a Texas Criminal Justice Coalition report that found three-quarters of all juvenile probation departments in the state say their funding is insufficient to complete their mission.
"The challenge is to sustain the outcomes to see how far you can go in downsizing prisons. I have my doubts, but it's an interesting time for criminal justice."
—Dr. Tony Fabelo, Texas criminal justice consultant, discussing the decline in Texas' prison population.
"Congratulations, you won district attorney!"
—Three-year-old Erin Parsons, to her daddy, Jarvis, celebrating his win in the July 31 run-off for Brazos County DA (article—and pictures of adorable Erin—available at http://www.theeagle.com/article/20120801/BC0101/120809973/1138).
Interim Legislative Update - July 2012
Posted: July 27, 2012
Don't forget to vote in the primary run-off of your choice on Tuesday—if one vote could ever make a difference in an election, these odd July run-offs could be it!
CJIS reporting and grant applications. For several months we've been updating you on the criminal history reporting edict from the Governor's Criminal Justice Division (CJD) and how it may affect future grant awards from that office. If you recall, that new mandate requires agencies seeking grants under CJD's Justice Assistance Grant (JAG) program to certify by August 1 of this year that their county reports to DPS at least 90 percent of their completed dispositions for adult arrests for calendar years 2006–2010. Each office in a non-compliant county will be ineligible for JAG funds if that threshold has not been met by the county by next week. Furthermore, effective September 1, 2013, all entities—public and private—in a county that does not successfully report at least 90-percent of its adult and juvenile dispositions will be ineligible to receive grants from any state or federal fund managed by CJD.
At our most recent stakeholders meeting, DPS reported that most counties have made significant progress in reporting criminal dispositions. From January through June 2012, the number of counties reporting 90 percent or more of their adult dispositions has increased from 55 to 181 (and 32 additional counties are within 5 percentage points of that mark). That's a pretty impressive increase, even if the tactics to get there were not popular. And yet, as of last week there were JAG requests from agencies in at least five counties (Brooks, Cameron, El Paso, Gregg, and Tyler) that were in jeopardy of denial due to inadequate reporting from those counties. In addition, DPS's State Administrative Agency (SAA), which administers the state's Homeland Security Grant Program, may also be denying all grant applications from non-compliant counties. But all of that pales in comparison to the deadline looming on September 1, 2013, when all grant funds administered by CJD are at risk. We don't keep track of which prosecutors receive which grants from the state, so you are on your own in that regard, but don't get caught napping on this issue—the grant you save may be your own.
Appleseed discovery request. Last week we caught wind of a survey that is being distributed to prosecutors and defense attorneys by Texas Appleseed. Despite no mention of this project on the non-profit organization's website, a cover letter that accompanied a survey sent to one jurisdiction stated that "[t]he goal of the project is to collect data about the discovery practices in counties around Texas and to make recommendations for changes that will bring uniformity to the process." In other words, whatever you say is going to be used by Appleseed to support discovery reform legislation they will be pushing. We aren't sure that the Appleseed folks are contacting the elected prosecutor in each office, so be forewarned that assistant prosecutors may get this survey directly. If you have any questions about this, contact Rob or Shannon at the association.
VICARS. Speaking of random prosecutor surveys, there's yet another one floating around the state that originated with a group called VICARS (Victims Initiative for Counseling, Advocacy, and Restoration of the Southwest). This advocacy group for victims of identity theft is asking prosecutors around Texas for information regarding their protective orders practices. (From ID theft to protective orders? Huh?) As with the Appleseed effort, this request appears to be a voluntary survey that you may complete or not, as you see fit; unlike Appleseed, we've neither heard of nor worked with VICARS before, and we have been unable to learn much of anything about it online. As always, use your best judgment in responding to requests from information from your office, and if you have further questions about this, contact Diane at the association.
The ABA's (anti-)death penalty circus comes to Texas. While we're on the subject of surveys, consider this to be advance notice of one that you will get in the near future. For the past decade, the American Bar Association (ABA) has conducted a series of death penalty "studies" on various states' capital punishment laws. It should come to no one's surprise that the ABA—an organization that has taken a strong position against the death penalty, notwithstanding its lawyerly parsing of its position as being in favor of only a moratorium for now—has been critical of every state system examined to date. With a dozen separate state reports under its belt, the ABA has now turned its attention to Texas and Virginia, two states with very active capital punishment systems. Let the fun begin!
Now, before you protest that we are being unfair about the motives of our friends at the ABA, let's examine two pieces of evidence. First, if you click on the initial link in the above paragraph, you'll notice that the ABA now admits something it originally kept under wraps last decade, when it started these state reviews; namely, that the project is funded by the European Union. Yes, that's right; the American Bar Association is taking money from a foreign government to "study" an issue that foreign government strongly opposes. As ridiculous as it sounds, the ABA still claims that it isn't in the abolition business; however, that's certainly not what the EU thinks they are getting for their euros:
EU funding also allows non-governmental organisations [sic] to campaign for the abolition of the death penalty. Projects may range from the monitoring of the use of the death penalty to assistance to prisoners, support for constitutional reform, training, advocacy and awareness-raising campaigns.
But you keep sticking to your party line, ABA—you know the mainstream (and anti-death penalty) media will never call you on the carpet to answer for it.
Further evidence that "the fix is in" can be gleaned from the recent announcement of the members of the Texas Capital Punishment Assessment Team. They are (in alphabetical order after the chairwoman, with our comments added):
- Professor Jennifer Laurin, UT School of Law, chairwoman (who recently hosted the Innocence Commission's "Prosecutorial Oversight" tour stop in Austin to highlight the supposed lack of prosecutor accountability in Texas)
- Ronald Breaux, Haynes & Boone, LLP (a federal white-collar criminal defense lawyer who was involved in a state habeas action that led to a federal lawsuit against Lamb County Attorney Mark Yarbrough, who had to go to jury trial before being absolved of liability)
- Paul Coggins, Locke Lord LLP (another federal white-collar criminal defense lawyer, albeit one with federal prosecution experience as a former U.S. Attorney)
- State Senator Rodney Ellis (D-Houston) (an admitted skeptic about the death penalty)
- Judge Royal Furgeson, Jr., U.S. District Court, Northern District of Texas (and future dean of the new law school opening at the University of North Texas at Dallas)
- Former Judge Deborah Hankinson of the Texas Supreme Court (not the CCA, mind you, but SCOTX, the one that does not hear criminal cases)
- Professor Ana Otero, Thurgood Marshall College of Law (and author of such articles as Tinkering with the Machinery of Death in Texas: A Chronicle of Unbridled Injustice and Abuse, 16 Geo. Mason U. Civ. Rts. L. J. 183 (2006))
- Jack Stoffregen, Director of the Regional Public Defender for Capital Cases (who at least practices state death penalty law, even if it is in opposition to it)
- Charles Terrell, Sr., former Chairman of the Texas Department of Criminal Justice (who famously asked that Texas' Death Row facility not be named after him because of his objections to the death penalty)
- Former Gov. Mark White, who is also co-chairman of the Constitution Project's (anti-) Death Penalty Committee
Joining this group will be a token sacrificial lamb lone prosecutor, El Paso DA Jaime Esparza, who is the only member of the panel to prosecute a state death penalty case in the past 20 years (if at all). So … congratulations, Jaime! As they say about the Texas Rangers, "One Riot, One Ranger!" Good luck with that, even though we already know how it's going to turn out.
One last note for consideration: When Missouri prosecutors were recently faced with the same situation, they adopted a position of non-cooperation with the ABA's review; see http://www.sfgate.com/news/article/Mo-prosecutors-stay-quiet-on-death-penalty-study-3703062.php for the details, including information on why some prosecutors in that state refused to answer the exhaustive questionnaires submitted to them by the ABA committee. It is not our place to say whether Texas prosecutors should do the same, but we thought you should know how prosecutors in other states have most recently addressed the issue.
Interim hearings. Not much to report on this front. The Senate Finance Committee heard testimony on prison health care costs, including the usual complaints about sick and/or elderly prisoners costing the state too much money, but no recommendations were made. The State Judicial Conduct Commission also took some heat during a hearing of the House Judiciary & Civil Jurisprudence Committee over its lack of due process for judges accused of misconduct, but again, it is unclear at this stage whether anything will come of that discussion. Lastly, the House County Affairs Committee debated the impact of various pre-trial bail practices on county jail overcrowding without coming to any conclusions. All of these topics (and others we've mentioned in this space during the interim) are likely to find their way into committees' final interim reports, which should be issued between October and December of this year. Until then, we wait. Meanwhile, there are no (zero, zip, zilch) interim committee hearings scheduled for August on issues that directly affect TDCAA members, so be thankful for small favors.
Have you registered for the Annual Conference yet? If not, visit our registration page at http://www.tdcaa.com/training/2012-annual-criminal-and-civil-law-update and sign up today so you can join us at TDCAA's 2012 Annual Criminal and Civil Law Update, which will be held September 19–21 on South Padre Island.
Foundation news. The Texas District and County Attorneys Foundation is hosting a summer social function for the district attorney and county attorney offices and TDCAA members living in Central Texas (especially Hays, Travis, and Williamson Counties). Please join us for drinks and snacks on Wednesday, August 1, from 6:00 p.m.–8:00 p.m. at Speakeasy Bar at 412 Congress Ave., in downtown Austin. For more information, email Jennifer Vitera at email@example.com. The Foundation will be hosting social gatherings across the State throughout the year, and we will keep you posted on one coming to you in the near future.
Quotes of the month. As always, we save the best for last.
"I mean, it sounds great; it makes really good news. It makes quite a story and it sounds very inflammatory, but when you get down to the nuts and bolts of the legal explanation, that's when people go, 'Oh, yeah, I can see that.'"
—Karen Morris, Harris County Assistant DA, quoted in an article about court challenges to the state's asset forfeiture laws and why claims made by advocacy groups do not pan out.
"It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what is will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?"
—Publius (James Madison), Federalist Papers, No. 62, printed February 27, 1788 (and still relevant to anyone familiar with the work of the Texas Legislature).
"Who among us should have immunity for what we do in our job?"
—Exoneree Michael Morton, expressing his outlook on the purpose of the court of inquiry into his original prosecution by Williamson County authorities (at the 12:50 mark of this video following his interview on PBS's Overheard; to view the interview that aired earlier this month, check out http://video.klru.tv/video/2258252533).
Interim Legislative Update - June 2012
Posted: June 29, 2012
Déjà vu all over again. For the third time in seven years, the Supreme Court has expanded what constitutes cruel and unusual punishment for juveniles. First, in the Roper (2005) decision, a divided (5-4) Court outlawed the death penalty for juveniles. Next, the Court's 6-3 ruling in Graham (2010) eliminated life-without-parole (LWOP) sentences for non-homicide offenses committed by juveniles. And this week, in another 5-4 ruling, the Court held that LWOP cannot be mandatory for juvenile murderers; see Miller v. Alabama for the nitty-gritty details (if you have the stomach to read what passes for "judicial logic" these days).
But what is this to you? After all, Texas eliminated LWOP for juvenile capital murderers back in 2009, so we're ahead of the game, right? Well, that's mostly correct, except for one nagging problem: the Supreme Court (arbitrarily) decided in Roper that "juvenile" includes anyone younger than 18 years of age, and that distinction has been maintained in Miller. Thus, while Texas' prior statutory changes took care of juveniles up to 16 years of age, the Miller decision leaves us to figure out what to with three groups of offenders:
(1) 10 TDCJ inmates who were under 17 at the time of their offenses but were certified as adults and sentenced to LWOP before the Legislature prospectively eliminated that punishment;
(2) 17 TDCJ inmates who were 17 at the time of their offenses and were sentenced to LWOP; and
(3) an unknown number of pending LWOP-only charges against capital murder defendants who were 17 at the time of the offenses.
When Roper was handed down in 2005, the governor commuted the death sentences of the few capital murderers who were 17 at the time of their offenses; they received capital life sentences (with parole eligibility after 40 years) instead, which was the other alternative available under the law at that time. But what does Texas do now? Thanks to Roper and Miller, the only two possible sentences for a 17-year-old capital murderer—death and LWOP—have both been struck down.
For pending and future cases, it appears the only choice is to wait for legislative action—something that will not happen until May 2013 at the earliest. (Yes, the governor could call a special session on this issue, but forcing legislators come to Austin this time of year would only make them mad.) In anticipation of those bills being filed, prosecutors will need to decide what to recommend to the Legislature as a solution: Should 17-year-olds be lumped in with juveniles in the 2009 law that mandated a sentence of life with parole? Should life without parole be maintained but a lesser, parole-eligible sentence be added to the mix? Something else? Whatever it is, your local legislators will be looking to you for guidance.
As for the 27 TDCJ inmates now serving voided sentences of life without parole, we expect that defense lawyers will eventually file writs on their behalf seeking new sentencing hearings—for what sentence, we have no idea, because there isn't one, but I'm sure their lawyers will be happy to suggest lesser punishments under some creative solution. Once those writs are filed, the initial issue to be resolved will be whether Miller applies retroactively or not. If so, then the courts would be left to their own devices in crafting ad hoc solutions—which is never a good idea—until the Legislature can address it. One way to avoid that would be for the governor to do as he did after Roper in 2005 and commute those life without parole sentences to something that includes parole (thereby making Miller inapplicable), but there is no indication at this time that he intends to do that, nor is it clear to what he would (or could) commute those sentences. According to a list of potentially affected inmates we've obtained from TDCJ, the counties who should be most interested in this situation are (in alphabetical order): Bexar (2 inmates), Bell (1), Dallas (4), Ellis (1), Galveston (1), Harris (10), Hidalgo (1), Johnson (1), Lubbock (1), Nacogdoches (2), Tarrant (1), Travis (1), and Webb (1). If you are on this list, it's time to dig those case files out of storage and consider calling or emailing Shannon so he can put you on a list of interested parties.
Some fine mess we've been thrust into, eh? If you have any bright ideas on how to address old cases now in TDCJ, new cases still pending in court, or both, please direct your suggestions to Shannon. There is also a user forums discussion on this topic at http://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/6457030706.
Mind your Ps and Qs! We recently heard that the IRS has been taking an interest in (read: auditing and/or penalizing) county policies that don't properly account for employees' taxable fringe benefits. If you haven't already heard from your local auditor about this, you might double-check with him or her to make sure your employees' potential fringe benefits (vehicles, phones, computers, etc.) are being properly accounted for on Uncle Sam's ledger. For more information on how to treat various benefits, see the IRS's Taxable Fringe Benefit Guide: http://www.irs.gov/pub/irs-tege/fringe_benefit_fslg.pdf (and yes, it's as dense and incomprehensible as you would expect, considering the source.)
A stitch in time may save you some money. It is nearing the end of the 2012 fiscal year, and that means the various funds the Comptroller manages on behalf of judges and prosecutors are getting low. In addition, the Comptroller's Office—like every state agency—is under strict orders to return every unused penny to the state's general revenue fund. With that in mind, we have been alerted by the Comptroller's Judiciary Section that funds available for DA apportionment are sufficient to cover reimbursements to the end of this fiscal year (August 31), but you should get your requests to their office promptly or you could find yourself requesting reimbursement from a fund that is tapped out. In other words: don't procrastinate!
"The public sector is doing fine." Yes, that was a recent gaffe by President Obama, one from which he quickly back-tracked. But do you know what group probably doesn't understand how bad that sounded? Texas judges—or at least the ones who showed up in Austin on June 21 for a hearing held by the Judicial Compensation Commission on the subject of judicial salaries. At that hearing, various Texas trial and appellate judges testified to the horrors of life on a salary that is only three times higher than the median household income in Texas. We won't bore you with a litany of their borderline-offensive complaints—which included phrases like "I'm a victim of the judicial compensation system" and "I'm offended by the Legislature's lack of respect for the judicial branch"—but suffice it to say that unless they change their presentation, this horse isn't getting out of the gate next legislative session. And that's a problem, because if Texas judges can't get out of their own way when it comes to seeking a raise from the Legislature, the DAs and CAs whose salaries and supplements are yoked to the judges' wagon will be stuck in neutral along with them. If you have thoughts on how to improve this situation, please share them with Rob and/or Shannon—and your local judge(s)! Otherwise, the benchmark judicial salary is unlikely to increase from its current level, which was set in 2005.
Capital public defenders continue their expansion. Did you know that Texas has a public defender's office for death penalty cases? No, not the post-conviction Office of Capital Writs (OCW) based in Austin—we're talking about trial counsel. It's true! The West Texas Regional Public Defender for Capital Cases was started in Lubbock in 2007, but it has since expanded to other parts of the state (and shed the "West Texas" moniker along the way). Unlike the OCW, which is a state agency, the Regional Public Defender Office (RPDO) is a grant-funded co-operative operating in seven of Texas' nine administrative judicial regions, and now it wants to come to the 1st (northeast) and 8th (north central) regions. If you are a felony prosecutor from a county in one those two regions that has a population of less than 300,000 as of January 1, 2008 (larger counties are not eligible to participate), you are invited to attend one of their "town hall meetings" scheduled for July 9-10 in Sherman, Wichita Falls, Granbury, and Longview; visit http://rpdo.org/publications.php for all the details, and tell your commissioners and judges about it.
Interim hearings. Things are still quiet around the Capitol—100˚F temperatures tend to put a damper on business trips to Austin during the summer. The Sunset Commission did take up its review of the state prison system earlier this month, but there weren't many fireworks to report from that hearing. We'll watch this process and let you know if anything looks like it might go awry, but that can be placed on the back burner for now. Among the committees that have posted hearings for July are:
Senate Finance (Monday, July 09, 2012, 10:00 a.m., State Capitol Room E1.036): The Committee will hear invited and public testimony regarding the correctional health care system and will make recommendations for improving the efficiency and adequacy of health care delivery throughout the system.
House Judiciary & Civil Jurisprudence (Wednesday, July 11, 2012, 11:00 a.m., State Capitol Room E2.010): Interim Charge Number 8: Monitor the agencies and programs under the committee's jurisdiction, including invited testimony from:
State Commission on Judicial Conduct
Office of Court Administration
Office of the Attorney General
Guardianship Certification Board
State Bar of Texas
State Office of Administrative Hearings
Department of Information Resources
The Committee will also hear invited testimony regarding the state of electronic filing in the Texas Courts system.
Is our Annual Conference on your radar? If not, it should be. We are now taking online registrations for TDCAA's 2012 Annual Criminal and Civil Law Update, which will be held September 19–21 at the South Padre Island Convention Centre.[*] For all the details, visit our registration page at http://www.tdcaa.com/training/2012-annual-criminal-and-civil-law-update and sign up your office staff today!
Research attorney search. We are getting closer to selecting our next research attorney, but until then, please forgive us if it takes us longer than usual to reply to your requests for legal assistance. Thank you for your consideration.
Quote of the month. As always, we save the best for last:
"My job's pretty simple. I go into the office, I sue the federal government, and then I go home."
—Attorney General Greg Abbott, at the state GOP convention.
That's all for this month. Have a safe Independence Day celebration next week, everyone!
TDCAA's Primary Election Post-Mortem
Thursday, May 31, 2012
Here's the news you've all been waiting for, listed by county. (If you see any errors or omissions, please send them to Shannon). And now, without further ado … drum roll, please ...
District Attorney results
Primary winners with no general election opponent (congratulations to all!):
Bosque/Comanche/Hamilton (220th JD): (R) B.J. Shepherd (i) beat Ricky Bryan
Coryell: (R) Asst. CA Dusty Boyd beat David Castillo (i)
Dawson/Gaines/Garza/Lynn (106th JD): (R) Garza CA Mike Munk defeated Brian Kingston (i)
El Paso/Hudspeth/Culberson (34th JD): (D) Jaime Esparza (i) defeated James Lucas
Gray/Wheeler/Hemphill/Lipscomb/Roberts (31st JD): (R) Hutchinson Asst. DA Franklin McDonough beat Asst. DA Jason Ferguson (to replace retiring DA Lynn Switzer)
Guadalupe/Gonzales/Lavaca (25th JD): (R) Heather McMinn (i) defeated Patricia Finch
Kerr/Kimble/Mason/McCulloch/Menard/Edwards (198th): (R) Scott Monroe defeated Asst. DA Brad McCullouch (to replace retiring DA Amos Barton)
Liberty: (R) Asst. DA Logan Pickett defeated Asst. CA Karen McNair (to replace retiring DA Mike Little)
Medina/Real/Uvalde (38th JD): (R) Danny Kindred (i) beat former DA Tony Hackebeil
Montgomery: (R) Brett Ligon (i) defeated Gilbert Garcia and Tracy Pullan
Pecos/Crockett/Reagan/Sutton/Upton (112th JD): (D) Laurie English (i) defeated James Jepson
Starr/Duval/Jim Hogg (229th JD): (D) Omar Escobar defeated Heriberto Silva (i)
Tom Green/Schleicher/Sterling/Coke/Irion (51st JD): (R) Asst. DA Allison Palmer defeated Andrew Graves and Nathan Butler (to replace retiring DA Steve Lupton)
Tom Green/Runnels/Concho (119th JD): (R) George McCrea (i) beat Evan Pierce-Jones
Travis: (D) Rosemary Lehmberg (i) defeated former CCA judge Charlie Baird
Washington/Burleson (21st JD): (R) Washington CA Julie Renken beat Bill Parham (i)
Young/Stephens (90th JD): (R) Dee Peavy defeated Brenda Gray (i)
Primary run-offs with no general election opponent (winner take all):
Brazos: (R) Asst. DA Jarvis Parsons vs. David Hilburn (to replace retiring DA Bill Turner)
Burnet/Blanco/Llano/San Saba (33rd JD): (R) Angela Dowdle vs. Wiley "Sonny" McAfee (to replace retiring DA Sam Oatman)
Pecos/Brewster/Jeff Davis/Presidio (83rd): (D) Former DA Frank Brown vs. Former Presidio CA Rod Ponton (Jesse Gonzales (i) failed to make the run-off)
Wharton: (R) Asst. DA Ross Kurtz vs. former DA John Roades (to replace retiring DA Josh McCown)
Primary winners headed to general election:
Harris: (R) Former ADA/district judge Mike Anderson defeated Pat Lykos (i); (D) Lloyd Wayne Oliver defeated Zack Fertitta
Jim Wells/Brooks (79th JD): (D) Kleberg Asst. DA Carlos Omar Garcia beat Armando Barrera (i) (but only by 18 votes, so expect a re-count); will face (R) Christina Flores in November
Williamson: (R) CA Jana Duty defeated John Bradley (i); will face (D) Ken Crain
Primary run-offs headed to general election:
Shelby: (R) Asst. DA Ken Florence vs. former DA Karren Price (to replace retiring Lynda Russell); will face (D) Stephen Shires in November
County Attorney results (*=office with felony jurisdiction)
Primary winners with no general election opponent (congratulations!):
Bell: (R) Asst. CA Jim Nichols defeated Bobby Barina (to replace retiring CA Rick Miller)
Brewster: (D) Steve Houston (i) defeated Pecos Asst. DA Sandy Wilson
Crane: (R) Susan Loyless (i) defeated James McDonald
Ellis*: (R) Patrick Wilson (i) defeated Rodney Pat Ramsey
Ector: (R) Asst. DA Scott Layh defeated Cindy Weir-Nutter (i)
Falls*: (R) Jody Gilliam (i) beat Denny Lessman
Guadalupe: (R) Asst. DA David Willborn beat Asst. CA Robert Etlinger (to replace CA Elizabeth Murray-Kolb, who ran for Railroad Commissioner)
Kimble: (R) Allen Ahlschwede (i) defeated Larry Harrison (but only by seven votes, so there may be a recount)
Leon: (R) Jim Witt (i) defeated J.B. Davis
Liberty: (R) Wes Hinch (i) defeated James Farmer
Llano: (R) Cheryll Mabray (i) beat Brandie Hussin
Ochiltree*: (R) Barrett Dye defeated David Scott (i)
Reagan: (R) Chad Elkins defeated Russell Ash (i)
Rusk*: (R) Mike Jimerson (i) defeated Allison Biggs
Washington: (R) Former DA Renee Mueller beat Asst. CA Eric Berg (to replace Julie Renken, who will be the new DA)
Wheeler: (R) Former Roberts CA Leslie Standerfer defeated Misty Walker (i)
Williamson: (R) Asst. CA Dee Hobbs defeated Rick Kennon and Jeff Maurice (to replace Jana Duty, who is running for DA)
Primary run-offs with no general election opponent (winner take all):
Montgomery: (R) Asst. CA Phyllis Rainey vs. J.D. Lambright (to replace retiring CA David Walker)
Primary winners headed to general election:
Cameron*: (R) Asst. CA Chuck Mattingly defeated former Willacy CA Gus Garza; will face winner of Dem. runoff in November (to replace Armando Villalobos, who ran for Congress)
Harris: (R) Former state rep. Robert Talton beat Leslie Johnson; will face (D) Vince Ryan (i) in November
Primary run-offs headed to general election:
Cameron*: (D) Willacy Asst. CA Carlos Masso vs. former CA Luis Saenz (to face (R) Chuck Mattingly in November to replace Armando Villalobos)
Reminder regarding certain expenditures. For you felony prosecutors leaving office (voluntarily or not) at the end of this year, please remember that the Legislature has imposed new requirements on the expenditure of asset forfeiture funds by "lame ducks." Specifically, Code of Criminal Procedure Art. 59.06(d-1)(6) prohibits an out-going office-holder from making any expenditure from those funds absent prior approval from the commissioners court. This change was made to prevent a defeated or retiring official from emptying his or her forfeiture account before a successor took office. We know none of YOU would ever consider doing that, but we thought we'd remind everyone of this recent change in state law anyway. Similarly, for you county attorneys on your way out, remember that after the vote is officially canvassed in your unsuccessful re-election bid, Local Government Code Sec. 130.908 grants your commissioners court the right of approval over any expenditure by you that exceeds an amount set by them (assuming they have set such a threshold for that situation).
Committee posting. While we have you, notice of this hearing was just posted yesterday and we thought we'd put it on your radar:
The Joint Interim Committee to Study Human Trafficking will hear invited and public testimony on Tuesday, June 26 at 10:00 a.m. in the Alamo Area Council of Governments (AACOG) Board Room, 8700 Tesoro Dr., San Antonio, TX, to:
• Study the services available for victims of human trafficking provided by federal, state, and local agencies and non-governmental organizations, including the long-range need for safe houses and shelters and the best practices for public/private partnerships providing services to victims; and
• Review procedures and services available for youth identified as sex trafficking victims, including analysis of the appropriate criminal penalties associated with prostitution.
Final arrangements for Suzanne McDaniel. As most of you know by now, Suzanne McDaniel, TDCAA's first Victim Services Director, passed away May 21 after a long struggle with pancreatic cancer. (For more about Suzanne, read this Houston Chronicle article that ran last week.) We still do not have details on any ceremony in Houston, but a memorial service celebrating Suzanne's life will be held in Austin on Thursday, June 7, from 4 to 6 p.m. at the Westwood Country Club; directions to the club can be found at this website: http://www.westwoodcountryclub.com/default.aspx?p=DynamicModule&pageid=239803&ssid=93910&vnf=1. Please keep checking the home page of our website for additional details. Meanwhile, all inquiries that formerly would have gone to Suzanne should be directed to Diane Beckham for the time being.
Quotes of the week. As always, we leave you with a little humor ...
"They've seen my name on the ballot long enough, maybe they just thought I was the incumbent and voted for me. Sometimes you just can't beat dumb luck."
—Lloyd Wayne Oliver, perennial candidate and new Democratic nominee for Harris County DA, on his unexpected victory in this week's primary.
"I'm hoping to get a phone call from some Democratic Super PAC that will send me a lot of money. If so, I'm going to get me a John Edwards $300 haircut. That's the first thing I'm going to do."
—Oliver, in the same article, when asked about his strategy for the general election campaign.
"If John Bradley loses his election in Williamson County, then that's a loud message to prosecutors all over the state that there actually are consequences to engaging in prosecutorial misconduct."
—Gary Udashen, criminal defense lawyer and president of the Innocence Project of Texas, expressing his opinion on the impact of the Michael Morton exoneration (which is interesting, coming from the president of a group that recently claimed there are no real consequences for prosecutorial misconduct).
"If the race tightens, Kelly, a male, will still have the advantage of a female name. It may be the only time in his life he is glad his parents named him Kelly."
—Robert Miller, a Houston-based lobbyist and political handicapper, blogging last week about the primary race between House Reps. Kelly Hancock (R-Ft. Worth) and Todd Smith (R-Bedford) for an open state senate seat in Tarrant County. (In the end, the name-bounce was not needed; Hancock handily beat Smith.)
"I kind of feel like Ron Burgundy after Veronica Corningstone changed the teleprompter tagline."
—Congressman Thaddeus McCotter (R-Michigan), making an Anchorman reference after finding out that he isn't on the fall ballot for re-election and must now run as a write-in candidate.
That's all for now. Look for our interim updates to resume their regular schedule at the end of June.
Interim Legislative Update - May 2012
Posted: Thursday, May 24, 2012
Before everyone mentally checks out for the long holiday weekend and subsequent elections, we want to bring your attention to some recent news from Austin.
Sad news. TDCAA regrets to report that our Victim Assistance Director, Suzanne McDaniel, passed away earlier this week after a long illness. Suzanne was a wonderful co-worker and friend, not to mention one of the state's leading voices for victims' rights. Please remember her and her family and friends in your prayers. We will post information about pending arrangements on our website as soon as we learn of them. Meanwhile, all inquiries that formerly would have gone to Suzanne should be directed to Diane Beckham.
Reporting election news. We would like to send everyone a brief summary of the election results from various CA and DA races next week, but in order to do so, we need your help (especially from smaller jurisdictions with spotty Internet news coverage). Please send your local election results to Rob Kepple so that we can compile an accurate list of who's in and who's out as we head toward the general election in November. And for all of you whose names are on a ballot next week … good luck!
The public debate on "prosecutorial misconduct." TDCAA received an (unexpected) invitation from the Austin American-Statesman to submit a column on the issue of prosecutorial misconduct. That essay, written by our own Shannon Edmonds, ran on Sunday, May 6, next to an opposing column written by Barry Scheck, co-founder of the Innocence Project. To read our column on "Debunking Myths About Prosecutorial Misconduct," click on the preceding link or visit the front page of our website and select that entry under "TDCAA Announcements." (Mr. Scheck's column can also be accessed through that webpage.) This controversial issue will receive greater attention by the media as we near the court of inquiry into the Michael Morton case, which is currently scheduled to start September 11. In fact, you can get a preview of what's to come by reading "Trials and Errors" in the June issue of Texas Monthly ("available on newsstands now," as they like to say). That roundtable discussion about Texas exonerations includes a debate about the alleged problem of "unaccountable prosecutors" and other perceived ills of our criminal justice system, all of which the media and Legislature will be talking about during the next legislative session. TDCAA will have more information for you on these issues in the coming months, but don't wait on us to start sticking up for yourself and your profession in the meantime.
Interim hearings. With primaries just around the corner, the Capitol has been relatively quiet on issues relating to your job duties, so we don't have anything to report under this category this month. However, the Sunset Commission will take up its review of the state prison system's various components in public hearings in Austin scheduled for June 5-6. For a preview of the work already done by the Sunset Commission, visit http://www.sunset.state.tx.us/83.htm and download copies of the relevant agency reports. An agenda for the hearing can be viewed at http://library.constantcontact.com/download/get/file/1011051632088-51/Sunset+Hearing+Agenda.pdf.
Training the next generation of prosecutors. TDCAA's 2012 July Prosecutor Trial Skills Course is now open for registration! Aimed at new prosecutors with less than one year's experience, this course just keeps getting better. For instance, it now includes more "table time" between faculty advisors and attendees so that complex questions regarding pleas, discovery, Brady evidence, trial strategy, and other issues can be discussed more thoroughly than in past courses. We've also added new "training pods" in which similar subjects are included in the same morning or afternoon session to improve student retention and comprehension. This course should not be missed by anyone new to our profession! It will be held July 15-20 in downtown Austin, so be sure to register today at http://www.tdcaa.com/training/2012-july-prosecutor-trial-skills-course.
Other staff news. Speaking of new prosecutors, our research attorney, John McMillin, will soon be moving to greener pastures to work as a prosecutor in Dallas County (congratulations, Johnny Mac!). We're sad to see John go, but we knew he was too good to keep around here for long. As the rest of us fill in for John until a new research attorney is hired, please forgive us in advance if it takes us longer than usual to reply to your requests for legal assistance. Thank you for your consideration.
Quotes of the month. As always, we save the best for last.
"Prosecutors should be testing everything anyway."
—Court of Criminal Appeals Judge Michael Keasler, during oral argument in the Skinner case, in response to concerns from the State that a ruling for Skinner would require prosecutors to conduct DNA testing on every shred of evidence in every case, regardless of relevance.
"I expect all this Hollywood hoopla to blow over very soon, and then it'll be back to chasing criminals."
—Panola Co. DA Danny Buck Davidson, quoted in Texas Monthly about his life after Bernie, a true crime murder story made into a movie released this year in which Danny Buck is played by Matthew McConaughey.
That's all for this month. Have a safe Memorial Day weekend, everyone!
Interim Legislative Update - April 2012
Posted: April 27, 2012
As primary races get down to the lick-log, here's what happened in Austin this month.
ALERT: DPS regional crime lab problem. Please see http://www.tdcaa.com/announcements/alert-dps-houston-regional-crime-lab-issue.
DPS lab inspections. Speaking of the DPS crime labs, they are being inundated with requests from defense lawyers to "inspect" the lab that tested evidence in a particular client's case. This latest bright idea being circulated at defense bar conferences is virtually certain to yield no actionable information for the lawyer, but it does serve to shut down each lab being "inspected" for an extended period of time. In an effort to limit these work stoppages that contribute to backlogs at their labs, DPS would like to work with local prosecutors on ways to defeat these motions when they are specious or insert reasonable accommodations in any court order that is granted. We'll have more details on this front in the coming weeks, but for now, if you are confronted with this situation and need help, contact Shannon and he will connect you with the appropriate resource at DPS.
CJIS reporting and grants. OK, here's one more DPS-related entry (but it's the last one, we promise!) There was yet another work group meeting earlier this month on the topic of criminal history reporting. No new policy changes were announced by DPS or the Governor's Criminal Justice Division (CJD), but we do have some interesting data to relay to you. Specifically, by the end of last month, 97 counties were successfully reporting at least 90% of their criminal dispositions, up from 55 counties in early January. In addition, more than 180 counties are currently reporting at 80% or higher, which is encouraging (but again, there has been no change in the 90% threshold previously set by CJD). Overall, the statewide average reporting percentage has increased from 78% to 82% during the first quarter of 2012. All of this is good news, but there are still some outliers potentially putting at risk future grant funds in those counties due to these compliance issues. How this will all work out remains to be seen, but remember that CJD grant money exists to help counties improve their reporting rates; for more details, contact Shannon.
Interim hearings. With primaries just around the corner, the Capitol will be relatively quiet this month. There were some committee hearings in April, but none of them resulted in anything concrete. Looking ahead, the only relevant hearing announced for May is a Senate Health and Human Service Committee meeting scheduled for May 9, 2012, in the Senate Chamber, to review the state's public mental health system. And don't forget: Tuesday, June 5 will mark the sunset review hearings on TDCJ and related agencies (including the Board of Pardons and Paroles). Stay tuned for more about that in next month's interim update.
Website changes. Those of you who have recently visited TDCAA's website might have noticed some changes designed to bring our association's Internet presence into the 21st Century. Here's a brief description/explanation of some of those changes.
For starters, there's a new photographic slide show on our home page that will instantly take you to new content on the website if you click on the image. Elsewhere on the front page, the former "TDCAA News" category in now "TDCAA Announcements," and the former "Issues in Prosecution" list of news articles has been outsourced to our brand-new @TDCAANews feed on Twitter, which is mirrored on the website in real time as the "TDCAA News Twitter Feed." In addition to this new Twitter feed focusing on the latest news in the world of prosecution, we continue to increase our presence in the Twitterverse with our original @TDCAA account for legislative and policy issues, which now has over 250 followers (and adds more every week).
In response to requests from our members, we've also upgraded our user forum to make it more robust and user-friendly. For example, members of the forum can now post images, videos, and attachments within topic threads, obviating the need for follow-up phone calls or emails between prosecutors working together to solve a particular problem. We've made several other improvements as well, so if you haven't stopped by the user forum in a while, check it out!
CCA survey on Brady. We have been told that the Court of Criminal Appeals (CCA) has sent out an email survey to prosecutors concerning your training and practices in the area of Brady and disclosure of exculpatory evidence. We hope that you will take the time to complete the survey. If you have any questions, feel free to give Rob a call at 512/474-2436.
Forensic science conference. The CCA's Criminal Justice Integrity Unit (CJIU) and the Texas Forensic Science Commission (TFSC) will jointly host a two-day forensic science conference on June 4–5, 2012 at the Texas State Capitol. The course will provide 13.5 hours of free CLE (including one hour of ethics). For details—including an agenda and a registration form—visit http://www.tdcaa.com/news/free-forensic-science-cle-conference.
Help (still) wanted. (OK, last month's entry on this topic received zero responses, so let's try a different tack …) Do you complain about the State Bar being hostile to prosecutors? Do you think it favors defendants and defense lawyers over your interests? Well, here's your chance to do something about it. The State Bar has a Committee on Legal Services to the Poor that was created to help the State Bar improve the quality of indigent defense in Texas. Shannon Edmonds currently serves on that committee, but his term ends later this year. The committee has done good work lately, but if there is no prosecutor representation among its membership, the group could easily slide back into some of the anti-death penalty, anti-prosecution practices of the past. If you want to help improve the quality of indigent defense in a reasonable yet meaningful way, review the committee's website and then contact Shannon. If nothing else, it will give you an excuse to come to Austin a couple of times each year (on the State Bar's nickel, too!).
Quote of the month. "Given the defense lawyer's casual relationship to truth, there is a stunning change of perspective when a lawyer represents an innocent person. Suddenly there is nothing more important than the truth, nothing more sacred. Now the lawyer who is ordinarily indifferent to the truth is plagued by it and outraged that the system is indifferent to it."
—Abbe Smith, in "Case of a Lifetime: A Criminal Defense Lawyer's Story" (2008).
Interim Legislative Update - March 2012
March 28, 2012
Primary elections are eight weeks away. Let the drama commence!
Elected prosecutor retirement benefits. Remember that double-dipping retirement issue that came to light when Governor Perry was on the presidential campaign trail? Well, as it turns out, some elected felony prosecutors may benefit from the same provision of state law. If you have questions about that, give Rob Kepple a call at TDCAA.
Assistant prosecutor loan repayment update. It's that time of year again—time for us to report that federal funding for the John R. Justice Student Loan Repayment Program (JRJSLRP) is being slashed again. Not cut—slashed. Let us show you what we mean, keeping in mind that the federal law requires the prosecution and defense in each state to divide the total award 50/50, even though Texas has many more prosecutors than public defenders:
| Total award to Texas | No. of prosecutor awards | Amount of each award |
Federal FY 2010 | $701,233 | 138 | $2,500 |
Federal FY 2011 | $293,061 | 121 | $1,210 |
Federal FY 2012* | $112,113 | ??? | ??? |
* = projected
In other words, the Texas Higher Education Coordinating Board (THECB) will have a whopping $56,056 to divide among all Texas prosecutors. To distribute that in something resembling a fair way that also honors the three-year commitment of the original awards, THECB is likely to give all 121 current recipients a chance to apply for an award next year, with the final amount of the award dependent upon how many re-applications they receive. Nothing is set in stone, however; the next application period will not open until this fall at the earliest, so all of this is subject to change. If you have questions about the program, you can contact Lesa Moller, Director of Loan Repayment Programs at THECB, at 512/427-6366. Ms. Moller has done outstanding work for Texas' prosecutors on this issue and is a great resource if you need additional information.
CJIS reporting and grants. Nothing new to report here. (Sorry, but Shannon was too busy tending to his new baby[1] to do much work on the issue this month.) Another status meeting will be held in April and we will report the results in next month's update. Once again, if your county hasn't already asked for financial help from the Governor's Criminal Justice Division to get your county up to snuff, you should consider doing so ASAP. Contact Shannon at TDCAA for more information on how to do that, or for any other questions you may have.
Interim hearings. The following committees held interim hearings in March on topics that might interest you; click on each committee name for the video archive of the hearing:
House Corrections reviewed the creation of the new Texas Juvenile Justice Department (TJJD) and heard testimony on the pros and cons of restricting juvenile certifications. (Our best guess is that such a proposal won't be recommended by the committee due to its negative fiscal impact to the state budget, but anything is possible.)
House Judiciary & Civil Jurisprudence heard testimony on the pros and cons of codifying courts' ability to issue agreed protective orders without a finding of violence, as proposed by last session's HB 3172, which passed the House but ran out of time in the Senate. Prosecutors and judges were mildly criticized at the hearing for current practices in certain parts of the state, but the issue was ultimately punted to the care of Rep. Senfronia Thompson (D-Houston) to come up with a consensus solution.
Looking ahead, the following hearing has been announced for subsequent weeks:
Senate Criminal Justice: Wednesday, April 11, 2012, 10:00 a.m., E1.016 (Capitol Extension), to hear invited and public testimony on money laundering (Charge 1) and prescription drug abuse (Charge 6).
In addition, the Sunset Advisory Commission will start its review hearings on Tuesday, April 10, with a five-agency group that includes the Ethics Commission and the Commission on Judicial Conduct. And put this date on your calendar: Tuesday, June 5 will mark the sunset review hearings on TDCJ and related agencies (including the Board of Pardons and Paroles). Stay tuned for more about that in May's interim update.
New rules for biological evidence are coming. Those who attended our legislative updates last summer may remember a brief discussion about Senate Bill 1616, which requires DPS to develop a statewide standard for the collection, storage, preservation, and retrieval of biological evidence by September 1, 2012. To accomplish this gargantuan task, DPS has invited TDCAA and other stakeholder entities to participate in a small working group that will develop an initial draft policy that will then be published for public comment and revision before eventual adoption by DPS. If you have a specific interest or expertise in this area and would like to be kept abreast of that policy as it develops, please email Shannon at TDCAA.
Get some 21st-Century training from TDCAA. We are in a digital age, and the "'CSI ' effect" means juries are looking for digital evidence and cutting-edge presentations like those they see on TV. How can you keep up? By coming to TDCAA's Visual Trials and Digital Evidence seminar in Ft. Worth (Radisson—Fossil Creek) to be held June 13-15, 2012. Limited to only 100 attendees, this in-depth conference will focus on retrieving digital evidence for a criminal trial and properly presenting it to today's jurors. You will learn the basics of visual presentations, how to use courtroom hardware, the latest software for presentations and audio/video editing, legal predicates for digital evidence, and how to present that evidence for maximum jury impact. Registration is now open, so go to http://www.tdcaa.com/training and sign up for this course today!
Annual conference hotel status. Here is a quick update regarding available hotel rooms for this year's Annual Update in South Padre, September 19-21:
The Pearl South Padre (the old Sheraton): SOLD OUT (800/222-4010)
Isla Grand (the old Radisson): SOLD OUT (956/761-6511
Hilton Garden Inn: SOLD OUT (956/761-8700)
Holiday Inn Express: $86.00/night $99.00/night; call 956/761-8844 (corrected 4/3)
Howard Johnson: $63/night; call 956/761-5658
La Quinta Beach Resort: $75.99/night; call 956/772-9311
Travel Lodge: $69.99/night; call 956/761-4744
Most of the reservations at the already sold-out hotels are made a full year in advance of the Annual, so rooms at those hotels may free up as we get closer to the seminar dates. It never hurts to check, but if you haven't made your plans yet, don't put all your eggs in that basket and risk getting caught without a place to stay!
Pre-trial detention conference. The Criminal Justice Section of the American Bar Association is hosting an invitation-only conference on pre-trial detention practices in Texas this Friday (March 30) in Austin, and they are looking for prosecutors who would like to attend and/or participate. To get invited to the conference, follow the instructions provided in the document found on our website at http://www.tdcaa.com/news/aba-conference-pre-trial-detention-coming-austin-week. (Sorry for the late notice; that was partly our fault.)
Forensic science conference. The Texas Criminal Justice Integrity Unit (TCJIU) and the Texas Forensic Science Commission (TFSC) will jointly host a two-day forensic science conference on June 4-5, 2012 at the Texas State Capitol. The course will provide 13.5 hours of free CLE (including one hour of ethics). For details—including an agenda and a registration form—visit http://www.tdcaa.com/news/free-forensic-science-cle-conference.
Help wanted. For the last six years, TDCAA's Shannon Edmonds has served on the State Bar's Committee on Legal Services to the Poor. His term ends later this year, so this criminal defense-heavy committee will soon be in need of representation from our side of the bar. If you are interested in learning more about this opportunity, review the committee's website and then contact Shannon at firstname.lastname@example.com or 512/474-2436.
Twitter update. We've passed the 200-follower mark and are picking up speed. (Kim Kardashian, watch your back!) To see what all the buzz is about, visit our Twitter account at https://twitter.com/TDCAA.
Quote of the month. "A normal day is grinding boredom, loud talking, screaming, TVs at full volume, rampant stupidity on both sides of the bars. It's like a bunch of drunken 2-year-olds."
—Michael Morton, exoneree, describing prison life to the Texas Tribune during his current media tour to promote "prosecutor accountability."
[1] John Patrick Edmonds, DOB 3/13/12 and doing great, thank you for asking! -SE
Interim Legislative Update - February 2012
February 24, 2012
Do you know what the best news we received this month is? Governor Perry has publicly rejected requests to call a special session on education funding. That may not be good for public schools, but it's great for those of us who would have to waste spend time at the Capitol during such a session watching for random policy fires that need to be put out. But enough of our personal issues, let's get on to the news from February (which we're sending out a week early due to some time-sensitive information included below).
Primary election dates. Nothing dramatic has occurred in the past week on this front, so we won't bore you with old news. Talks of a split primary have apparently died a quiet death (mainly due to lack of funds), but no primary election date (or new filing period) has been set. The earliest the election could be held is probably Tuesday, May 29, with run-offs held July 31 (if necessary), but even those dates are contingent on maps being finalized by this time next week, which is a crapshoot. These delays create problems for the two political parties and their conventions, but that ain't our problem (although if they need tips on how to put on a re-scheduled convention on short notice, our hurricane-tested Training Team has written the book on pulling that kind of rabbit out of the hat!). The federal court panel is currently reviewing briefs on several contested Congressional and state House districts, but it is unknown when it will make a final decision on a primary election date. Local election administrators told the court that they need finalized maps by March 3 to pull off a May 29 election. If that deadline is blown, the next likeliest date is June 26. For those of you keeping score at home, a June 26 primary would make Texas the last state in the Union to hold its presidential primary election this year (tied with Utah). Check TDCAA's website and Twitter feed for breaking news on this front, or if you are a true redistricting junkie, be sure to bookmark http://txredistricting.org/ for the inside scoop.
CJIS reporting and grants. TDCAA recently participated in another meeting with DPS and the Governor's CJD regarding the latter office's grant ultimatum on criminal history disposition reporting that we discussed last month. Here's what we learned from this meeting:
- In the past 30 days, 11 counties have improved their 5-year reporting ratio to 90 percent or greater.
- The new "absconder" code is now active and being accepted by DPS. All counties were notified of the change by last week, but if you did not get that update, contact your local DPS representative (for contact information, see the attachment found on our website at http://www.tdcaa.com/content/cjis-information). Remember, when you use the new code, be sure your court has issued—and your sheriff has uploaded—the absconder's warrant into the state's database; otherwise, you won't get credit for it.
- Some counties have a significant number of entries (20–40 percent) rejected due to errors created by their local information systems. In other words, the human properly enters the records, but technical errors prevent them from being accepted by DPS. And according to DPS, many county officials are unaware of the problem because their local IT people do not tell them about the errors. If you are not already receiving these error reports, you should request them from your IT vendors and/or DPS. Fixing those problems will increase your successful reporting completion rate.
Those are the highlights of last week's meeting. We will touch base with DPS and CJD in a few weeks to get an update on the latest numbers after the absconder codes start trickling in. Meanwhile, CJD says it has not had many takers on its offer to award grant funds to help counties become compliant with the 90-percent reporting goal. If your county hasn't already asked for CJD's help, you should consider doing so ASAP. Otherwise, if you have any specific questions on this topic, contact Shannon.
Interim hearings. The House Appropriations Committee got its first report from the Legislative Budget Board (LBB) previewing the revenue estimates for the FY 2014–2015 state budget. The good news? Revenue growth from an improving state economy, driven largely by higher energy commodity prices and improved consumer spending, means that Texas budget writers could have $1.6 billion more to spend during the next biennium, plus an additional $7.3 billion in the Rainy Day Fund with which to play. (Side note: Texas has now created enough new jobs to offset all those lost from the recession; nationally, only 36 percent of lost jobs have been replaced. Yay, us!) The bad news? By August 2013, the current budget (FY 2012-2013) will be almost $4 billion in the hole due to increased Medicaid costs alone, not to mention shortfalls caused by wildfire losses, prisoner health care, and other potholes, both anticipated and unanticipated. (And none of this includes restoring any of the cuts made last session to public or higher education.) There is as yet no word on how everything will work out, but it's a safe bet that money won't be growing on the trees lining the Capitol grounds next session.
Looking ahead, the following hearings have been announced for subsequent weeks:
House Border & Intergovernmental Affairs: Joint hearing on border security with the House Homeland Security & Public Affairs Committee, March 1–2 at the McAllen Convention Center, Room 101.
Joint Interim Committee to Study Human Trafficking: Monday, March 5, at 10:00 a.m. in Room E1.036 in the Capitol Extension to review implementation of bills passed last session and to receive an update from the Human Trafficking Prevention Task Force administered by the AG's Office. (Note that this meeting has not been officially posted yet.)
House Corrections: Tuesday, March 6, at 10:00 a.m. in Room E2.014 in the Capitol Extension, to discuss these juvenile justice topics:
- Review the implementation of SB 653 (which created the Texas Juvenile Justice Department) and make recommendations to enhance the integration of the Texas Youth Commission and the Texas Juvenile Probation Commission;
- Study ways to reduce the number of juvenile referrals (including mental health services, diversion and early intervention programs, and other prevention methods); and
- Study and make recommendations related to the certification of juveniles as adults.
If you would like to weigh in on any of these issues, contact Shannon ASAP.
House Judiciary & Civil Jurisprudence: Thursday, March 15, at 10:00 a.m. in Room E2.010, Capitol Extension, to take invited testimony on the pros/cons of allowing courts to issue agreed protective orders without a finding of violence. (Again, to find out how to get "invited," contact Shannon.)
News from the swamp. We purposely don't pay much attention to what's going on in Washington, D.C.—mostly in an effort to maintain our sanity, but also because we aren't equipped to do business up there, unlike groups like the National District Attorneys Association (NDAA). However, we are occasionally asked to get word out to Texas prosecutors about developments on Capitol Hill. Recently, someone enlisted us to alert Texas prosecutors to a measure that would create a National Criminal Justice Commission. This Commission would review every aspect of our criminal justice system—federal, state, and local—with an eye toward reshaping the country's criminal justice system from top to bottom. Language creating the commission was most recently defeated by a three-vote margin in October 2011, with both Texas senators voting against the measure and Sen. Kay Bailey Hutchinson speaking in opposition to it. The issue is now in limbo until supporters can find another vehicle for passing the measure (such as a FY 2013 spending bill) while opponents try to gather letters in opposition from local officials in preparation for future amendments. If you are interested in participating in that debate, visit http://www.tdcaa.com/content/information-proposed-national-criminal-justice-commission-aka-webb-commission for more information and/or contact Shannon.
Details on new DPS lab reports. By now, all offices that use DPS's Crime Lab should have received a letter from DPS Lab Director Pat Johnson regarding its new lab reports, which will include information regarding margins of error and sampling size as required by a national accrediting body. The reports should be in use at all DPS labs by the end of March. If you have not received that letter, you can view a sample copy of those and other changes at http://www.tdcaa.com/news/information-new-dps-lab-reports.
New training. TDCAA is excited to host its first-ever Domestic Violence seminar April 11–13 at the Omni Colonnade in San Antonio. The training features state- and nationally-recognized experts in the field of domestic violence and will include split tracks (Basic and Advanced) on Thursday to provide exactly the level of training your office may need. Register at www.tdcaa.com/training today!
Free training. The CCA's Criminal Justice Integrity Unit, under the direction of Judge Barbara Hervey, will offer a free CLE seminar on mental health issues in the criminal justice system. The seminar will be held March 22–23 at the Texas State Capitol Auditorium. For additional details about this course (which is co-sponsored by TDCAA), download this PDF file: http://www.cca.courts.state.tx.us/tcjiu/pdf/Flyer2012.pdf.
Quote of the month. "I don't want a lot from politics. I just don't want people dumber than me telling me what to do. I guess that's asking a lot, actually." —Frank J. Fleming, NY Post humorist and arrogant blogger.
Interim Legislative Update - January 2012
January 27, 2012
Happy belated New Year, everyone! Is it just us, or does New Year's Day seem like an eternity ago? The New Year is not even four weeks old and we're already behind on work. That just ain't right.
Primary election date still TBA
Still no definitive news on this front. The Ds and Rs and other legal participants are set to appear before the San Antonio panel this afternoon to work on a compromise, but the clock is ticking on any hope of a consolidated primary on April 3. If the fast-approaching deadlines for that date are blown, then who knows what will happen—split primaries (presidential voting on day, other offices later?), June primaries, etc., are all on the table. For those of you up for re-election this time around ... you have our condolences! We'll issue a special report when an actual, verifiable decision is made on an election date and the related (re-) filing period. In the meantime, keep checking TDCAA's website and Twitter feed for the latest breaking news on this front.
CJIS reporting and grants
As we told you last month, the Governor's Criminal Justice Division (CJD) notified grantees that as of September 1, 2012, it would penalize counties that do not have a 90-percent or better case disposition completeness rate for 2006–2010 by making governmental agencies in those counties ineligible for Justice Assistance Grants (JAGs). And, effective September 1, 2013, any public or private entity in one of those counties will also be ineligible to receive those grants. In an effort to get a handle on the situation, the Texas Association of Counties (TAC) held a constructive meeting earlier this week with all the various stakeholders (including CJD, DPS, and yours truly). Several changes are in the works to make disposition reporting more accurate; for details, contact Shannon at TDCAA. There will be at least one more meeting at a later date (TBA). Until then, thanks for your patience as we work toward a solution to this problem.
Abortion regulation back on track (for now)
A panel of the U.S. Fifth Circuit has given Texas the green light to enforce House Bill 15 imposing new requirements on abortion providers (sonograms, etc.) while the constitutionality of the law is litigated in a federal district court in Austin. Included among the changes wrought by that new law is a Class C misdemeanor punishable by a fine of up to $10,000 (Health & Safety Code §171.008). The plaintiffs challenging the new law succeeded in certifying as a defendant class all district attorneys and county attorneys in Texas who exercise misdemeanor jurisdiction, with Travis County Attorney David Escamilla as the representative for that class. For now, those of you who are members of this class are free to enforce the law while hearings continue in federal court on the request for an injunction. We will alert you if the status of this litigation changes.
Interim hearings
Most Senate committees have now received their interim charges from the Lt. Governor. They include:
Senate Criminal Justice Committee
• Money laundering
• Crime Victims Compensation (collection, qualification, use, and long-term stability)
• Pre-trial release and bail bond laws
• Diversion/treatment for defendants with mental health issues
• Administrative segregation in TDCJ
• Prescription drug abuse detection, prevention, and intervention
• Review of school disciplinary practices (with Senate Education Committee)
• Monitor legislation passed in 2011, including the Texas Juvenile Justice Department, SB 1616 & SB 1636 (testing and storage of biological evidence), SB 321 (employee firearms at work), and human trafficking
Senate Jurisprudence Committee
• Prevention, detection, and redress of power of attorney abuses
• Transfer of judges and exchange of benches among the district courts
• Appropriateness of current criminal court costs and civil filing fees
• Improvements to certain court processes in CPS cases
Senate Select Committee on Open Government
• Technology-driven changes to the Public Information Act (PIA)
• PIA's application to third-party contractors with state and local governments
• Record retention policies for state and local governments
• Frivolous and/or overly-burdensome open records requests
Senate Transportation & Homeland Security Committee
• Impact of border violence and illegal trafficking on state economy and property rights
• Toll collection and enforcement tools for TxDOT and local toll projects
For a full list of all Senate interim charges issued to date, download the documents available on the Senate website's home page.
Meanwhile, House committees have already started to hold hearings on some of their interim charges. For instance, last week the House Committee on Judiciary and Civil Jurisprudence took invited testimony on the topic of legislative intent, which is an increasingly hot topic among the civil bar due following the Texas Supreme Court's opinions in Fleming Foods v. Rylander, 6 S.W.3d 278 (Tex. 1999) (substantive change made in a non-substantive re-codification is to be given effect as written, regardless of intent) and Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009) (legislative definitions of workers' compensation terms control over their ordinary meaning). The debate could yield some recommendations that affect you in the future; for a complete run-down of the various proposals tossed around, watch the archived video.
License plate snafu
Speaking of legislative intent ... when is a crime not a crime? How about when there is no penalty ascribed to it, even though there should be one? That is the issue to be addressed by the Attorney General's office thanks to a recent opinion request submitted by Rep. Joe Pickett (D-El Paso). We first reported this in one of our November case summaries, but the issue has picked up interest due to media coverage in the Metroplex earlier this month. Now that the failure to display a license plate may not be a criminal offense (or the basis for a traffic stop), several prosecutors have sought TDCAA's advice on what local law enforcement authorities should be doing out on the streets. You are welcome to contact us for that feedback, but we will not be issuing any written opinion of our own. A good summary of the issues raised by this legislative error is available from our friends at the Texas Municipal Courts Education Center (TMCEC); see their take on the problems presented by this issue.
The Criminal Justice Integrity Unit looks at discovery and Brady
Last week the Court of Criminal Appeal's Criminal Justice Integrity Unit (CJIU), under the direction of Judge Barbara Hervey, discussed some "hot legal topics" that included discovery, Brady disclosures, forensic science developments, and mental health issues. Although no formal action was taken, the CJIU is planning a one-day seminar on Brady issues on a May date yet to be determined. In addition to Brady, there was also an illuminating discussion of the perceived shortcomings in Texas' current discovery practices and how changes to current law could prevent wrongful convictions like the recent Morton case in Williamson County. These problems and various proposed solutions are not new, but it will be interesting to see if recent events are able to change the dynamic at the Capitol, where previously proposed solutions have not been able to get much traction over the past decade.
New DPS lab reports coming next month
DPS lab director Pat Johnson announced at the CJIU meeting that DPS's labs will soon be changing the format of their lab reports (mostly on drug cases) to comply with new national accreditation standards. We first told you about this back in November, when we thought we'd have some final word by now. That process is taking them a little longer than they anticipated, but we should have a sample copy of one of the new lab report forms posted on our website within the next two weeks for everyone to see, along with contact information for the person at DPS to whom questions should be addressed. The new report format must be implemented by DPS no later than March 1, 2012.
Our new Twitter account may not yet be "blowing up" (as the kids say nowadays), but we have tripled our number of followers over the past month, and more are joining every week. Why don't you hop on board the bandwagon while there's still room? Follow us @TDCAA to keep abreast of the latest news affecting Texas prosecutors.
Quotes of the month
More election-infused commentary and humor for you ...
"'This is the most important election of our lifetimes.' —Every politician during every election."
—Comedian Michael Ian Black, as tweeted during last night's GOP presidential debate.
"Perry was proof of the adage that you never get a second chance to make a first impression—and his first impression was politically disastrous."
—Dan Balz of the Washington Post, in his article "Rick Perry's 'oops' campaign never ready for prime time."
"I'd rather take a shower with Jerry Sandusky than go through another month of this."
—An unnamed "veteran Perry advisor," just before the Iowa caucus vote, referring to infighting within the governor's presidential campaign staff.
"The people who are really depressed today are the late-night talk show hosts."
—Jerry Polinard, UT-Pan American professor, referring to the end of Perry's campaign.
"It's a little bit of karma and a little strange. Now we have all these blondes and all these Aggies telling 'Rick Perry jokes.' Certainly, the best minds we have today don't get into politics."
—Kinky Friedman, Texas singer/songwriter/comedian/sometimes political candidate.
"Perry has $2.4 million in his state account. Attorney General Greg Abbott has $12 million. I'm not saying that Abbott would challenge Perry, but I don't think Abbott has raised all of that money so he can be attorney general for the next 20 years."
—Jason Embry, political reporter for the Austin American-Statesman, speculating on what might be next for Gov. Perry, who has not ruled out a run for re-election.
"I think prosecutors are never wrong because they are cynical, and they don't believe in the constitutional framework in which this thing is supposed to operate, they don't believe in the presumption of innocence, and ... they don't believe in Brady v. Maryland and the immediate disclosure of stuff that is either exculpatory or mitigatory or impeachable. They just don't really have that in their heart and soul and believe it that that's what we have to do to have a justice system where these things—like the [Michael] Morton case, the Lacresha Murrays, the Kellers, whatever—don't happen."
—Judge Charlie Baird, current Democratic candidate for Travis County DA, in response to a question from the Austin Chronicle asking, "Why is it that prosecutors are never wrong?"
That's all for this month!
FAQs on HB 79 and grand juries
December 21, 2011
Now that there is finally some clarity on what HB 79's changes mean--namely, that an original term of court in effect at the turn of the new year in a district court that was not already subject to the "first Monday in January" rule* will continue until Sunday, July 1, 2012--we've received several inquiries best summed up as: "Okay, but what does that mean for ME?" We will continue to answer individual questions as we receive them, but we thought we'd put together these frequently asked questions (FAQs) to address the most common questions we've been receiving here at TDCAA (and at OCA, who helped compile this information). [*Note that this clarification was added on 12/22/11; district courts that previously were on the same term of court schedule now imposed upon all courts are not affected by HB 79's changes.]
Q: Do we really have to use the current grand jury impaneled in October 2011 all the way through June 2012? I'm afraid the grand jurors may revolt if kept that long! Can we just go ahead and impanel a new grand jury in January instead?
A: That question appears to be up to the discretion of the impaneling judge. The state constitution and state statutes are silent on whether a district court can impanel more than one grand jury per term of court, but the Court of Criminal Appeals has, on at least two occasions, found no prohibition to doing so. State v. Broaddus, 3 S.W.3d 919 (Tex.Crim.App. 1999)(indictment by grand jury convened by special prosecutor not voided by existence of regularly-impaneled grand jury); Farrar v. State, 277 S.W.2d 114 (1955)(indictment by regularly-impaneled grand jury not voided by existence of hold-over grand jury from previous term). Therefore, if your district judge wants to discharge the current grand jury and impanel a new one in the same term, that appears to be permissible. The judge could also allow the current grand jury to adjourn (see next question) and then discharge both grand juries at the end of the term. "The decision whether two grand juries are needed to carry the burden of work is for the judge …" (Broaddus, at 922).
Q: If we don't want to impanel a new grand jury in January, can we just give this one a break and then call them back into service later in this extended term of court?
A: Yes. You can do this one of two ways; either (1) with the consent of the impaneling court, the grand jury can adjourn for a specific period of time until a date certain in the future (CCP Art. 20.08), or (2) the impaneling court can discharge the grand jury and then re-assemble it again at a date of the court's choosing (CCP Art. 19.41).
Q: We have multiple impaneling courts in our county. Can we wait until mid-term to impanel some of our grand juries in order to stagger our grand juries between those district courts that are all now on the same term?
A: That appears to be fine. A grand jury "may be convened on the first or any subsequent day of the term" (CCP Art. 19.13). While a grand jury cannot extend beyond its regular term (except for hold-over grand juries as provided by CCP Art. 19.07), there is no minimum period of time in statute for which a grand jury must be impaneled, so a judge can discharge a panel at any time. Therefore, if you want to impanel a grand jury in one district court from January through March, discharge it, and then impanel a new grand jury under a different district court in April and run it through the end of the term, that should be permissible. (Note that this is just one example of how that might work.)
Q: We have a grand jury whose original term would have ended in late October 2011 but it was held over for 90 days pursuant to Art. 19.07. Does that grand jury extension to late January 2012 remain in effect past the first of the year, or is it terminated then, or does it continue until the end of June?
A: The term of that hold-over grand jury expires at the end of the original 90-day extension. HB 79 should have no effect on grand juries that have had their original term extended under CCP Art. 19.07. The change in law only extends grand juries whose original term was to expire after 1/1/12 under the old law.
We hope these FAQs help to answer some of your local issues. Should you have more specific questions about the particular situation in your jurisdiction, feel free to call or email us at TDCAA. Again, we're sorry for the initial confusion about this topic, but look on the bright side—we've all learned more about grand jury impaneling than we probably ever wanted to know in the first place!
Correction - December 2011
December 20, 2011
[For an update on this correction, be sure to visit FAQs on HB 79 and grand juries, posted 12/21/2011]
As first reported on our Twitter feed @TDCAA, we have a correction to make to last week's interim update. Specifically, in regard to terms of court and grand juries, we erred in stating that some grand juries' terms would be truncated due to the implementation of HB 79. As it turns out, there is a "saving clause" in Govt Code Sec. 24.018 that addresses the implementation of bills like HB 79:
Govt Code Sec. 24.018. CERTAIN EFFECT OF DISTRICT REORGANIZATION. If the counties that compose a judicial district or the time or place for holding terms of a district court are changed by law:
... (2) the grand and petit jurors selected or drawn under the prior law in any county in the judicial district are lawfully selected or drawn for the next term of the district court of the county as fixed by the amended law; and ...
Accordingly, we now subscribe to the opinion that a grand jury whose original term was to expire in early 2012 will now run "for the next full term ... as fixed by the amended law." In other words, the term for a grand jury impaneled in October 2011 (for example) will continue as of "the first Monday in January" and not end until the day before "the first Monday in July," which is the duration of the "next term of court" under HB 79's amendment to Govt Code Sec. 24.012.
Note that we brought this to the attention of OCA and they now share the new opinion that both of our old opinions were wrong. Misery loves company, we suppose, but the important thing is to get it right, and we think we have now done so. If you have any questions, feel free to contact TDCAA and we'll help you out as best we can.
Sorry for the confusion!
(P.s. - Tip o' the cap to the Starr CA Victor Canales, who first brought this statute to our attention.)
Interim Legislative Update - December 2011
December 16, 2011
The primaries are less than three months away—for now. We don't know about you, but nothing puts us in the holiday mood more than some good old-fashioned political mud-slinging. Cheers!
Are we done yet? Apparently not—at least in regard to the campaign filing period. The original deadline for filing for a spot in a 2012 election was December 12. That was extended by the courts to December 15 (a.k.a., "yesterday") due to the redistricting mess. But now, once again, a court hearing one of the redistricting disputes has granted another extension, making Monday, December 19 (at 6:00 p.m.) the final deadline to file for all elected offices, including yours. Now, despite this new deadline, the filing period may be re-opened (or should that be "re-re-opened?") for legislative and congressional races once the final maps are settled upon, then close for good around February 1 (or so the rumor goes), but who knows how that will work.
Due to this uncertainty, the court has ruled that any candidate who has filed to run for a particular office may change or amend his or her ballot application in any way the candidate deems appropriate, including changing the office being sought or withdrawing his or her ballot application and seeking a refund of the filing fee. (Again, how that will work in practice is unknown.) And for now, the two political parties and the court are undecided about whether there should be one primary or two and about the date(s) of the primary/primaries—although as we write this today, the two parties are rumored to have agreed to jointly recommend to the court a single primary date of April 3. This stuff changes by the hour, so while we follow these machinations as interested observers, we aren't glued to the proceedings like our job depends upon it. Therefore, those of you who are directly affected by these changes are best served by consulting your local political parties for all the details.
Senate interim charges. The Lt. Governor is announcing his interim studies to his committees in piecemeal fashion, issue by issue. Earlier this month, he assigned the following border security-related issues to these committees:
Criminal Justice
• Money laundering [including a reference to "administrative and criminal actions," which may re-open discussions from 2009 about the "racketeering" bill]
Transportation & Homeland Security
• The impact of border violence and illegal trafficking on the Texas economy
• The role of Texas state military forces along the border
Joint Interim Committee to Study Human Trafficking
• Services available/needed for human trafficking victims
• Appropriate criminal penalties for young human trafficking victims of prostitution
No word yet on when any of these committees will start meeting on these issues. For more information, you can view the original press release here.
Important new grant conditions from CJD. Remember back in 2009, when the Legislature amended CCP Arts. 60.10 and 60.21 to require counties to report at least 90 percent of CJIS-related dispositions to DPS? At that time, we told you that the only "remedy" for those who failed to get their ducks in a row was being forced to sit through a meeting of local officials to decide who was to blame. Well, now the Governor's Criminal Justice Division (CJD)—which provides Justice Assistance Grants to local governmental and non-governmental agencies—has decided to impose a new remedy. According to a recent e-mail memorandum from that division, as of September 1, 2012, any county that does not have a 90-percent or better disposition completeness rate for 2006–2010 will be ineligible for CJD grants, as will any political subdivision within that non-compliant county—including prosecutors' offices. Furthermore, effective September 1, 2013, any public or private entity (including child advocacy centers, Crime Stoppers, etc.) in a county that does not report at 90 percent or above will also be ineligible to receive grants from CJD.
The genesis of this new mandate is a recent CJIS audit performed by the State Auditor's Office. To see how your county has fared to date, view the latest reporting compliance data. TDCAA has been in contact with TAC and other groups who intend to bring their concerns about this new policy to CJD's attention after the holidays, and we will keep you posted as we learn new information.
Terms of court. We have received numerous questions of late regarding a statewide change to district court terms that will take effect on January 1, 2012. Pursuant to HB 79, which passed during the First Special Session, every district court will now have two (and only two) terms of court. The first term of court begins on the first Monday in January, while the second term of court begins on the first Monday in July. That schedule differs from the existing terms of some courts, so this new law raises a question about grand juries impaneled by those courts that are in the middle of a current term on January 1, 2012, and whether they retain the power to act until the end of the originally-scheduled term. We have been answering that question in the negative, as has the Office of Court Administration. (For OCA's complete answer, see Director Carl Reynolds' CourTex blog entry on this subject, with which we concur.) Accordingly, those shortened grand juries should wrap up their business by the end of the year, and new grand juries must be impaneled sometime after January 2, 2012. If you have further questions about this change, feel free to contact TDCAA for more information.
Open records changes afoot. If you haven't already heard, the Office of the Attorney General (OAG) is creating an electronic filing system designed to streamline and modernize governmental bodies' submission of ruling requests to the Open Records Division. The new system, which will be available for use in February 2012, will allow governmental bodies to submit their requests electronically through the system. Interested third parties that wish to submit briefing materials supporting or opposing governmental bodies' ruling requests will also be able to submit their documentation electronically. As a result, as of January 3, 2012, the Open Records Division will no longer accept faxed or emailed submissions from governmental bodies or interested third parties; governmental bodies who choose not to use the new electronic filing system must instead submit their documents to the OAG through First-Class U.S. Mail, common or contract carrier, interagency mail, or hand delivery during normal business hours. If you have questions about requesting an attorney general open records decision and/or submitting materials for OAG review, you can contact the OAG's toll-free Open Government Hotline at (877) OPEN-TEX. More information about the electronic filing system may be found here.
E-books are now available! TDCAA is now offering electronic versions of the Texas Penal Code and Code of Criminal Procedure for sale on Amazon, Barnes and Noble, and Apple's iTunes. Each book contains the code with strikethrough/underline format, plus all the annotations from TDCAA's Criminal Laws of Texas. The Penal Code is available for $9.99, and the Code of Criminal Procedure is $25. TDCAA is testing the sales and usefulness of these e-books, and after one sales cycle, we will evaluate whether to offer any additional publications as e-books. For now, only the PC and CCP are available, and they may be bought individually through only the three vendors listed above. Search for "Diane Beckham" on any of the vendor sites to find the TDCAA e-books.
@TDCAA. Having once before tried and failed to capture the magic of social media, TDCAA is again stepping off into the great unknown with a new and improved Twitter feed. This one has been open to the public for the past few weeks, and responses have been positive. Follow us @TDCAA if you have a Twitter account, but even if you don't have a Twitter account of your own, you can still click on the link in the upper right-hand corner of this page and keep abreast of the latest news affecting Texas prosecutors.
Quotes of the month. Some political cheer to end the year ...
"I don't know where I'm going to run. I don't know where to file, what district I live in, or what district goes where."
—Congressman Blake Farenthold (R-Corpus Christi), commenting upon the redistricting mess in Texas.
"That's one of the things that I like about him, because he's been consistent since he changed his mind."
—Christine O'Donnell, former senate candidate from Delaware (and definitely not a witch), telling CNN why she endorsed Mitt Romney.
"I'm not going to kiss his ring and I'm not going to kiss any other part of his anatomy. This is exactly what is wrong with politics. It's show business over substance."
—Jon Huntsman, telling Fox News why he wouldn't appear at Donald Trump's proposed debate between GOP presidential candidates.
"It's too late for Perry. ... Even those who want to like Perry based on his positions or his Texas record can't do it because he's been such an incompetent candidate."
—Fergus Cullen, former New Hampshire Republican Party Chairman, as told to the Houston Chronicle.
"All he had to do was make a respectable showing and he would have been anointed. All he had to do was walk and talk and chew gum and he would have won it. This race was Perry's to lose."
—John Podhoretz, conservative columnist, on Rick Perry's campaign missteps.
"This guy's rich."
—Andrew Wheat of Texans for Public Justice, referring to Lt. Governor David Dewhurst, whose recent financial disclosures during his race for U.S. Senate revealed a net worth in the neighborhood of $225 million.
"To save electricity costs, this year the maintenance staff plans to illuminate the [White House Christmas] tree with dimmer bulbs. They are screwing members of Congress into the light sockets."
—Argus Hamilton, political comedian
That's all for this month year. It's been a wild one! We hope you have found these updates to be informative, useful, and (sometimes) entertaining. We wish you all a safe and happy holiday season. See you in 2012!
Interim Legislative Update - November 2011
November 29, 2011
We know these updates usually go out on a Friday, but in light of last week's holiday and our Elected Prosecutor Conference starting tomorrow, we thought we'd squeeze this information between those two events and give those of you attending that conference some issues to ponder on your drive/flight to Dallas for the seminar.
Election dates. If you don't already know, redistricting litigation has resulted in a change in election filing periods. Pursuant to a recently-passed bill, the filing period for federal, state, county, and local offices was originally supposed to run from Saturday, November 12 through Monday, December 12. However, the new, court-imposed filing period started yesterday and runs through Thursday, December 15. For the official details, visit this website: http://www.sos.state.tx.us/elections/voter/2012dates.shtml.
Changes in latitudes, changes in attitudes. Another casualty of the redistricting process is continuity. In addition to those officeholders who get drawn out of office, several other "old hands" are retiring from the Texas Legislature or setting their sights on higher office. To date, 24 of the 150 members of the Texas House have announced they will not seek re-election, including these committee chairmen:
Rep. Pete Gallego (D-Alpine), House Criminal Jurisprudence Committee
Rep. Jim Jackson (R-Carrollton), House Judiciary & Civil Jurisprudence Committee
Rep. Jerry Madden (R-Plano), House Corrections Committee
In addition, several Senate committee gavels will be wielded by new chairmen due to voluntary attrition in that chamber, including:
Sen. Chris Harris (R-Ft. Worth), Senate Jurisprudence Committee
Sen. Steve Ogden (R-Bryan), Senate Finance Committee
The results of these and other changes cannot yet be predicted. All we can tell you for certain is that most of the legislative committees that handle your business at the Texas Legislature will look very different in 2013.
Interim hearing on DNA. Speaking of the House Committee on Criminal Jurisprudence, last Tuesday it held a hearing on one of its interim charges concerning DNA. That original charge relates to increasing the number of accredited labs available to conduct forensic DNA testing in Texas, but the chairman's prerogative was to focus instead upon inmates' access to post-conviction DNA testing. The hearing was for invited witnesses only—no public testimony was taken—but if you'd like more details about what was discussed, contact Shannon.
New DPS lab reports coming soon. DPS labs will soon be changing the format of their lab reports (mostly on drug cases) to comply with new requirements of their accrediting body (ASCLD-LAB). The new reports will contain more information than the current version. We hope to have a sample copy of one of the new lab report forms by the end of December, and we will post it on our website when we receive it. The new report format must be implemented by March 1, 2012, but DPS anticipates rolling them out in January 2012; keep checking our website for updates.
Quotes of the month. It wouldn't be a TDCAA Update without some parting humor, now would it? And with our state's governor in the midst of a presidential campaign that is not going according to plan, there is plenty of fodder ...
"The most devastating moment of any modern primary debate."
—Larry Sabato, noted professor of political science at the University of Virginia, referring to Governor Perry's "Oops" moment at the November 9 GOP debate.
"You can say this about Rick Perry: He has forgotten more about cutting government than Barack Obama will ever know."
—James Taranto, Wall Street Journal columnist.
"You know what you call a Democrat who makes as many verbal gaffes as Rick Perry? 'Mr. Vice president.'"
—Jay Leno, talk show host.
"President Obama surged in the Gallup Poll to pull even with 'Generic Republican' on the ballot. The generic Republican had a bad week. It's now clear that Mitt Romney will say anything to get elected while Rick Perry would get elected if he could say anything."
—Argus Hamilton, political comedian.
"The Justice Department convicted Russian arms dealer Viktor Bout of selling weapons to South American terrorists. He broke all the rules. Under the WTO, he's required to sell the weapons to the Justice Department, which gives them to a gun store on the border, which sells them to a cartel, which sells the weapons to the South American terrorists. That's how jobs are created."
That's all for this month!
Interim Legislative Update - October 2011
October 28, 2011
We're baaaaaack! While our biennial legislature only meets for about six months every other year (thank goodness), occasionally there are important developments in Austin that might interest you. Accordingly, we will be sending all member offices a monthly legislative update during the interim leading up to the next regular session in January 2013.
House interim charges. The Speaker of the House has assigned his committees their list of busy work interim charges for the next year. Some of the highlights include (as identified by the numbered charge given to the committee):
House Appropriations
3. Examine the investment and management of funds held outside the treasury, including whether the funds are being utilized for their statutory or constitutional purposes, and whether opportunities exist to utilize these funds in the state budget to reduce the demand on General Revenue. [Note: could include local discretionary funds like asset forfeiture.]
4. Examine the growth of constitutionally and statutorily dedicated accounts and their utilization in the budget. Recommend methods to reduce the reliance on dedicated accounts for budget certification purposes, and examine ways to maximize the use of such accounts. [Note: could affect TDCAA training grant, assistant prosecutor longevity pay, etc.]
12. Review the status of the sexually oriented business fee and collections to date, as well as funding demands for programs for which the fee is intended. [Note: This is the "pole tax."]
House Corrections
2. Study ways to reduce the number of youth referred to the juvenile justice system. Consider the availability of mental health services, diversion and early intervention programs, and other prevention methods.
3. Study and make recommendations about issues related to the certification of juveniles as adults.
House County Affairs
2. Study opportunities for cost savings through the abolishment of certain elected offices or the consolidation of county services.
3. Conduct a general study of issues facing county jails. The study should include innovative ways to address overcrowding, the impact homelessness has on the county jail population, and recommendations for handling inmates undergoing detoxification and withdrawal from drugs and alcohol.
House Criminal Jurisprudence
1. Study and make recommendations for criminal penalties for the failure of a parent or guardian to report a missing child or the death of a child. [Note: aka "Caylee's Law," which you heard about this summer if you came to one of our legislative update seminars.]
2. Review and make recommendations for improving the level of funding for the Crime Victims Compensation Fund. (Joint with the Committee on Appropriations)
3. Study and make recommendations regarding the current procedures used in the testing of DNA evidence in Texas. Include a review of the feasibility of certifying additional DNA testing centers.
4. Review the current sentencing practices for defendants with mental illnesses and make recommendations. Study practices in other states. Compare recent incarceration trends between those who have mental illnesses and those who do not.
House General Investigating/Ethics
1. Review the Texas Ethics Commission's sworn complaint process and civil and criminal penalty provisions. Determine whether changes should be made aligned with the mission and purpose of the commission.
2. Study and determine whether all appointees to state entities should be required to sign additional governance documents prior to serving in an official state capacity. [Note: may include recent controversy over medical examiners.]
House Homeland Security & Public Safety
1. Examine the extent of interstate coordination concerning border security and intelligence sharing and determine whether any changes to state law are needed to enhance that coordination and cooperation. (Joint with the Committee on Border & Intergovernmental Affairs)
4. Examine the role of law enforcement personnel assigned to school district campuses and postsecondary education campuses and determine whether any changes to laws concerning the enforcement of safety and discipline are necessary. Determine whether additional training of law enforcement personnel assigned to school district and secondary education campuses is necessary.
House Judiciary & Civil Jurisprudence
1. Study the potential effects on victims of family and domestic violence in the judicial process if courts are allowed to issue agreed protective orders without a finding of violence.
3. Study the rules of statutory construction and establish a method of determining legislative intent.
House Public Education
4. Review and make recommendations on the effectiveness of Disciplinary Alternative Education Programs (DAEPs) and Juvenile Justice Alternative Education Programs (JJAEPs) in reducing students' involvement in further disciplinary infractions. Determine the appropriate role of disciplinary alternative placements in promoting education achievement and how technology could be used to supplement education services. Consider appropriate placements in DAEPs or JJAEPs and consistent funding models for those programs. Consider options for counties without a JJAEP or inefficiently few placements in a JJAEP. Identify positive behavioral models that promote a learning environment for teachers to appropriately instruct while addressing any behavioral issues and enforcing student discipline.
For a complete list of interim charges for the House, see the attached PDF file below. Meanwhile, Senate committees have yet to receive their interim marching orders from the Lt. Governor (other than some preliminary requests to look into issues relating to this infernal drought, including how to improve responses to future wildfires). We will let you know when those are issued.
Sunset review. In addition to interim studies, the other thing that keeps state policymakers busy between sessions is the Sunset review process, in which the Sunset Advisory Committee checks under the hood of every state agency every 12 years (at the latest) to determine whether that agency is still needed and, if so, how it can be improved. This interim, the following agencies are being reviewed: the Texas Dept. of Criminal Justice (TDCJ), the Board of Pardons and Parole (BPP), the State Commission on Judicial Conduct (SCJC), and the Texas Ethics Commission (TEC). For more details about the Sunset process, visit http://www.sunset.state.tx.us.
Eyewitness identification changes. As you should know by now, the Legislature has tasked the Bill Blackwood Law Enforcement Management Institute of Texas (LEMIT) with the job of developing a model state policy for eyewitness identification procedures involving line-ups. LEMIT is working toward that goal, and we were originally led to believe that a preliminary draft would be available for public comment by now; however, that has not happened. Because we are unable to direct you to that draft policy at this time, please keep checking TDCAA's website and/or LEMIT's website (http://www.lemitonline.org/) for details about that proposal when it becomes available. It is important for prosecutors to take an active role in this rulemaking process to ensure that your ideas and insights are considered.
Asset forfeiture reports are due. Those of you who qualify under CCP Chapter 59 as an "attorney representing the state" for asset forfeiture purposes should remember that certified copies of your forfeiture fund's audit are to be delivered to the attorney general's office by October 31, 2011 (see CCP Art. 59.06(g)(1)). Last year around this time, some of you disagreed with the AG's decision to require your county judge's signature on those audit forms. If that is an issue for you, note that the AG appears willing to accept a filing without that official's signature—but be sure to first contact Kent Richardson at the AG's office to verify that from the horse's mouth, so to speak.
An e-MERS-ging trend? The housing bubble that burst on Wall Street emitted toxic monetary plumes that dropped acid rain on various parts of the national economy. (How's that for a metaphoric assault on the English language?!?) One of those mushroom clouds involved mortgage-backed securities (MBSs), sub-prime mortgages, and lots of other financial terms that may make the eyes of many of you glaze over, but stay with us for a second, because this is important. You see, one of the tools that enabled financiers to seemingly create revenue streams out of thin air involved the creation and use of a secondary mortgage recording system called the Mortgage Electronic Recording System, or "MERS," which is owned by various mortgage banks, title companies, and the like who formed MERSCORP for that purpose. By creatively using MERS, mortgages could be bought and sold as commodities among MERS members without the "inconvenience" (and cost) of recording each transfer with the local clerk, under the theory that MERS maintained an interest in the mortgage throughout, so there was no transaction triggering the need to record anything. However, some Texas counties are now claiming that MERS had a duty to file notice of each of those transactions in the applicable county and pay the requisite fees attached to those filings, which may have involved millions of property transactions in Texas alone. Claims for the recovery of this alleged lost revenue are now the basis of civil actions being filed or contemplated in Dallas, Harris, Bexar, Hidalgo, and Travis Counties, to name a few. In addition, the Attorney General's Office is investigating some MERS-related foreclosure issues from a consumer protection standpoint. If you are a county attorney or criminal district attorney, all of this adds up to something that may soon come across your desk (if it hasn't already). If you would like to learn more about this situation as it develops, Harris County Vince Ryan has graciously tasked John Odam in his office with fielding those questions. Call or email Shannon at TDCAA for John's contact information.
Upcoming training opportunities. While we have your attention … online registration for this year's Elected Prosecutor Conference is now open! The conference will run from November 30th through December 2nd at the Sheraton Hotel in downtown Dallas. The course includes various timely, relevant, and accessible topics, including employment law, defending §1983 cases, management courses, victim issues, and more. Please visit http://www.tdcaa.com/training for more information and to register. We hope to see you in Dallas!
In addition to TDCAA-sponsored training, note that TxDOT, in coordination with TMPA, is offering free SFST Refresher Training Programs to improve the administration of the SFST test battery by individual police officers. Law enforcement officers across the state have the opportunity to receive 8 hours of free training to increase expertise in DWI deterrence and decrease alcohol-related crashes, deaths, and injuries through this curriculum (which requires a minimum of 15 officers per class). If you would like to host an SFST refresher training for officers in your local jurisdiction, contact:
Ray Dittrich
SFST Program Manager
Texas Municipal Police Association
Quotes of the month. It wouldn't be a TDCAA Update without some parting humor, now would it?
"If the numbers stay like they are, all Rick Perry is going to do is make some noise and sell some books."
—Fox News host Shepard Smith, referring to the governor's lagging national poll numbers.
"The other Republicans have sucked so bad we didn't have any choice."
—An unnamed political ally of President Obama, explaining the decision to start attacking Mitt Romney, whom the campaign reportedly believes will win the Republican nomination.
"We've created the obligation, but we haven't written the check. So when we come back, that scary budget is going to be there."
—State Rep. Drew Darby (R-San Angelo), on the budget deficit facing Texas lawmakers returning to Austin in 2013.
"Tell me this isn't the craziest World Series you've ever seen."
—C.J. Wilson, pitcher for the Texas Rangers, after last night's extra-inning loss to the St. Louis Cardinals in Game 6.
"My feeling is this: If a man wants to divorce me and says our relationship has no value to him, and then he asks me if he can sleep with me, the answer is 'No!'"
—Kim Mulkey, coach of Baylor's women's basketball team, on why she does not plan to schedule future games against Texas A&M after the Aggies leave the Big XII conference next year.
Attachment | Size |
Texas House Interim Charges 10 20 11.pdf | 320.62 KB |
Special Session Update: June 30, 2011
They are gone. Finally. You can come out of your bunker, squint into the bright sunlight of a new, Legislature-free dawn, and finally exhale. You survived.
What you need to know about the special session.
Truthfully, not much. Of the 156 individual pieces of legislation filed during this first called session, only eight bills were eventually passed and sent to the governor for his consideration. Of those, there are three that may (or may not) affect you, as follows:
SB 1 by Duncan/Pitts "relating to certain fiscal matters" was the bill killed by Sen. Wendy Davis's (D-Ft. Worth) filibuster at the end of the regular session. In its final version, this omnibus state finance bill:
• exempts lawyers in the AG's office from having to comply with certain CLE requirements (although the amendment extending that exemption to all full-time attorneys working for the State was removed);
• lowers the lobby fee payable by associations like TDCAA (yea!);
• brings TDCAA's grant funding source into the state's general revenue fund (boo!);
• clarifies what would happen to assistant prosecutor longevity payments if the funding mechanism ever runs a shortfall in the future (answer: reductions would be apportioned equally among all recipients);
• makes changes to the state's collection improvement program for counties; and
• requires DPS to obtain proof of citizenship or legal immigration status before issuing someone a driver's license.
SB 7 by Nelson/Zerwas makes changes to how law enforcement agencies and DADS are to handle allegations of abuse in nursing homes, assisted living facilities, and related entities.
HB 79 by Lewis/Duncan re-organizes and changes the civil jurisdiction of certain courts and changes the small claims courts system. Language relating to the discretionary use of mediation in criminal cases was removed before final passage, but the bill does authorize the creation of new criminal associate judges who can sign evidentiary search warrants.
Better luck next session.
Or not. Truthfully, we're not eager to have to deal with thses bills again anytime soon. However, we may see them again next session, so here's a quick summary of two controversial bills that did not pass during the special session:
SB 9 by Williams/Solomons was the "anti-sanctuary city" bill that failed to pass during the regular session. Some of the bill's requirements and limitations applied specifically to prosecutors, but what really killed its chances in the House were the last-minute efforts of some big-time Republican campaign donors who feared the negative impact the bill could have. It will be up to Gov. Perry whether it reappears in future sessions or not.
SB 29 by Patrick/Simpson was the TSA bill, aka the "groping" bill, aka the "don't touch my junk" bill. Despite lots of angry protestors stomping around the Capitol protesting the legislature's inaction, the clock ran out on this bill before it could pass. No one with any sense wanted to make this a crime, no matter how egregious some of the TSA's actions might have been, but it darn near passed, and if things at airports don't change, you can bet it will be back again.
Legislative training.
You know our spiel by now. FYI, we've passed the 1,000-registration mark and are on our way to 2,000-plus attendees for the summer. We've also added another date—October 6 in McKinney—and are taking requests from those who want us to bring our traveling road show to their town after September. (E-mail Shannon to make a request.) Sign up your office and spread the word among your local peace officers to register for one of our summer updates now. Remember, TDCAA members who pre-register receive a 25-percent discount, and all attendees receive a copy of our Legislative Update book. Don't delay, register today!
Vetoed bills
Governor Perry has officially vetoed 23 bills during the most recent regular session. Very few criminal justice- or county government-related bills were vetoed. The bills that could have impacted prosecutors but now will not include:
HB 242 by Craddick/Hegar "relating to the enforcement of public safety, including the privileges and duties of certain types of law enforcement officers."
This bill was filed to extend certain weapon-carrying privileges to retired officers, but it was amended late in the session with a statewide ban on texting while driving. The governor's veto proclamation focused on the texting ban, which he characterized as "a government effort to micromanage the behavior of adults." (If that's his standard for vetoing bills, there should've been a heck of a lot more vetoes than a mere 23!)
HB 1616 by Geren/Estes "relating to the reporting of political contributions, political expenditures, and personal financial information, and to complaints filed with the Texas Ethics Commission."
This already controversial bill was changed late in the process by Sen. Mike Jackson (R-La Porte) with an amendment that "would inadvertently cripple the Texas Ethics Commission's authority to enforce compliance with state campaign finance laws," according to the veto proclamation. Realizing he had goofed, Sen. Jackson made a request to the governor to veto the bill (and save him from his own mistake), and the governor obliged.
HB 1768 by Munoz/Hinojosa "relating to the regulation of roadside vendors and solicitors in certain counties."
This bill would allow the commissioners court of a county with a population of 450,000 or more to regulate vendors in unincorporated areas of a county who are in the right-of-way of a public road or highway or in a parking lot. This was too much for the governor, who feared the bill "would encroach upon the rights of private enterprise and property owners while fundamentally altering and expanding the role of county government" by potentially preventing "a Girl Scout troop with cartons of cookies from reaching their consumers." Apparently the lesson to be learned here is not to get between the governor and his Thin Mints. (Note, however, that the existing law applying this ban to counties with a population of more than 1.3 million still exists; see Transportation Code §285.001.)
HB 2889 by Madden/Hinojosa "relating to the expunction of records and files relating to a person's arrest."
At least six different elected prosecutors sought a veto of this bill, which we discussed at length in our previous updates. Mission accomplished.
SB 167 by West/Veasey "relating to the automatic expunction of arrest records and files after an individual receives a pardon or a grant of certain other relief with respect to the offense for which the individual was arrested."
This bill was vetoed because the gist of it was also included in HB 351, which was signed into law in a slightly different form. HB 351 and its companion, SB 462, make some big changes in expunction law starting this September, so read up on them.
SB 1035 by Williams/Harless "relating to motor vehicle title services; providing penalties."
This bill would've expanded county permitting of motor vehicle title service companies, created a state licensing requirement, and established new criminal and civil penalties relating to consumer fraud in this area.
Legislative Summary of Regular Session: June 1, 2011
So much for those "well-earned days off" for which we were pining last week …
I do not think that word means what you think it means.
The 82nd Regular Session adjourned sine die ("without day," as in, without further meetings) on Monday. However, the usual festivities were dampened by news that the governor was calling a special session to direct the legislature to complete unfinished work on health care and education. What that means for you remains to be seen.
By the numbers.
As of the end of business on Monday, legislators passed roughly 1,390 substantive bills and joint resolutions during the regular session (as near as we can tell). That is almost 100 fewer than in 2009, so we suppose we should be thankful for their restraint. Of the total number passed, more than 300 of those bills could affect your business, so we'll have more than enough material to fill our summer legislative updates. As of now, it's still too early for us to provide detailed information about everything that has been passed along to the governor, but while we work on that, here is a summary of some of the issues we followed for you during the regular session (in alphabetical order, for lack of a better system):
Asset forfeiture: As we mentioned might happen, SB 316 ended up passing with several interesting amendments. Whether it deserves a veto will be for each of you to decide individually. Elsewhere, the legislature added several new crimes to CCP Chapter 59's forfeiture provisions, including the new crime of cockfighting, thanks to the passage of HB 1043.
Border, homeland security, and immigration issues: The legislature failed to pass any of its omnibus immigration-related bills, including HB 12 (sanctuary cities) or SB 9 (homeland security), nor did DPS's border checkpoint expansion pass. However, the legislature did pass HB 260 (human smuggling) and SB 1649 (border prosecution grants).
Budget: Everyone should know the score on this by now: Other than cuts to DA apportionment and TDCAA's training grant, prosecutors emerged from this session relatively unscathed. The criminal justice system as a whole also avoided some of the worst cuts initially being proposed, but that is subject to change during the special session, so we will hold off on any summaries until legislators have finally gone home for the summer.
Civil issues: HB 274, the "loser pays" bill, was the big news on this front, along with SB 18 on eminent domain. There were multiple CPS-related bills that also passed, but none matching the wholesale changes of past sessions.
Controlled substances: The main bills on this front are HB 1137 (tracking of OTC sales of ephedrine-related products), HB 2118 (bath salts), SB 158 (prescription fraud), and SB 331 (synthetic marihuana).
Criminal discovery: Every session, the legislature files multiple discovery-related bills, and every session, none of them pass due to an inability of prosecutors and criminal defense lawyers to come to agreement on anything. This session was no different.
Death penalty: As is its habit of late, the legislature debated various problems with the death penalty and then ended up expanding it—this time, by extending the age of eligible child victims from "under 6" to "under 10" years of age in SB 377.
DWI: Two DWI-related bills supported by prosecutors that failed to pass were HB 189 (deferred adjudication for first offenders) and HB 1507 (authorizing search warrants by non-lawyer JPs). However, the legislature did pass HB 1199 (increased punishment ranges for high BACs and for certain intoxication assaults), SB 364 (increased data reporting), and SB 1787 (including blood draw information in DIC-24 warnings).
Expunctions: Several potentially controversial expunction bills passed this session, including HB 351, SB 462, and HB 2889. They give prosecutors more power over the expunction of those records, but it also means you will be getting expunction requests after practically every dismissal, so … have fun with that. The only thing that we can say with certainty is that if all of them become law, CCP Chapter 55 will become a mess because the bills are internally inconsistent.
Family violence: There wasn't much new on this front other than SB 82 (stalking).
Gambling: As we predicted would happen, pro-gambling interests crapped out this session and walked away from the tables empty-handed. The only changes the legislature passed were minor bills relating to charitable raffles and charitable bingo.
Human trafficking: This issue was the topic du jour for the 82nd Legislature. Among the human trafficking-related bills that passed are HB 1930 (human trafficking prevention task force), HB 2014 (prevention/prosecution/punishment of human trafficking), HB 3000 (continuous human trafficking), HCR 68 (joint interim legislative committee to study human trafficking in Texas), and SB 24 (various consequences for human trafficking).
Innocence commission: Attempts to create a free-standing statewide innocence commission failed again, as HB 115 was defeated on the House floor. Instead, HB 1574 was amended to require law school innocence projects to annually report on the exoneration of any of their clients, including a summary of the likely causes of the erroneous conviction.
Investigative procedures: After a false start last session, the legislature finally passed HB 215 to provide guidance to law enforcement agencies conducting identification line-ups. However, bills that would mandate the recording of certain custodial interrogations, such as HB 219 and SB 123, failed to pass.
Juvenile: The big news here was the passage of SB 653, which consolidates the Youth Commission and the Juvenile Probation Commission into one Texas Juvenile Justice Department; however, the impact that change has on the day-to-day proceedings of local juvenile courts remains to be seen. Other juvenile-related bills that passed include HB 2015 (prostitution now = CINS) and HB 2337 (juvenile statements).
Mental health: Several bills relating to mental health passed this session, including HB 748 (incompetency restoration), HB 2725 (incompetency), and HB 3342 (mental health writ procedures).
Post-conviction litigation: Two bills will expand access to post-conviction DNA testing—SB 122 and HB 1573—both eliminate certain prerequisites in current law for inmates seeking DNA testing. To facilitate that testing, SB 1616 also implements new retention rules for biological evidence. Other bills that would expand post-conviction opportunities died on the vine, including HB 220/SB 317 (subsequent "scientific" writs).
Prison issues: Most of the let-'em-out-early bills failed to pass, thanks to the opposition of prosecutors. Among those that may affect prison capacity are HB 2649 ("diligent participation credits" for early discharge from state jail facilities) and HB 3384 (clarifying penalties for repeat state jail felony offenders).
Probation issues: In an effort to accelerate probation discharges, HB 1205 authorizes time credits toward early release or final discharge for defendants who complete certain probation terms early or on time. Another idea designed to deter probation revocations involves something called "commitment reduction plans" as created by both HB 3691 and SB 1055.
Sex offenders/offenses: Although this was a relatively slow year for sex offender legislation, the legislature did pass HB 3 (LWOP for certain repeat offenders), HB 1344 (limiting defenses for display of harmful material to a minor), HB 3746 (administrative subpoenas relating to child exploitation), SB 198 (sex offender registration exemptions), and SB 407 (lowered penalties for "sexting"). Another sex offense-related bill that passed was SB 1010, which requires prosecutors to provide notice of any plea bargain agreements to victims of certain sex crimes and other serious offenses.
Transportation Code: Perhaps the most interesting change to the Transportation Code might be HB 242, which was amended to include a ban on texting while driving.
What happens next?
Now that the regular session is over, the fate of these and all other bills resides with the governor. His staff must review every bill that has been passed and decide whether their boss should sign it, veto it, or let it become law without his signature. If the governor decides to veto a bill, he must do so by Sunday, June 19 (Father's Day). Considering the time necessary for that office to exercise due diligence in considering such requests, we recommend you send any correspondence to the governor as soon as possible, and no later than Monday, June 13. For more information on how to go about making such a request, contact Rob or Shannon at TDCAA.
Legislative training.
Our popular Legislative Update seminars are continuing to fill up, and with good reason. Don't think our little summary of passed legislation here is enough to get you up to speed with all they did this session—we only covered about 50 bills above, yet there are literally hundreds of other news laws going into effect before or on September 1 of this year, including the creation of as many as 75 (!) new criminal offenses or new penalties for existing crimes. In addition, our legislative trainings will have accurate information, which is important because we are already receiving calls from prosecutors who have been ill-informed about new laws based on misinformation from other sources. You don't want to be the last person in your courtroom to know about important changes in the law, so sign up your office and your local officers for one of our summer updates at http://www.tdcaa.com/seminars/signup.asp. TDCAA members who pre-register receive a 25-percent discount, and all attendees receive a copy of our Legislative Update book. Our seminars are also the first opportunity peace officers will have to satisfy their TCLEOSE Course 3182 requirement on legislative changes for the 2012-2013 training biennium, so we expect a lot of officers to show up. Space is limited at some locations, so don't delay—we already have over 100 pre-registrations for some locations!
Update: May 26, 2011
Due to this weekend's holiday—which we do NOT get to enjoy, thanks to these @#$%&!s who won't leave Austin until Monday afternoon—we are issuing this update one day early. (If you find yourself not having good Memorial Day holiday, just stop and think how little fun you'd have sitting in Austin watching the Legislature screw things up, and you should feel much better in no time.) Note that after the session ends on Monday, your TDCAA legislative crew will take off a few well-earned vacation days, but we'll follow up late next week with an initial summary of bills that may merit your attention for possible vetoes.
Picking up after the storm
The session doesn't end until Monday, but everything important to us (aside from the budget) is done now except for the yelling and finger-pointing. Following the imposition of last night's deadlines, the only bills still alive are those that have been passed by both chambers in different forms, requiring one chamber to agree to the other's changes or form a conference committee to hash out the differences. That all happens behind closed doors, so most of our next four days will be spent watching them on TV, hoping no one tries to slip yet another fast one by us. Once the dust has settled completely, we'll see what bad stuff they tried to do to you and start a list of bills for you to review for potential vetoes, which must be issued by the governor no later than Sunday, June 19. We'll also try to summarize what happened to some of the bills we've been following all session. If you are wondering what happened to a bill you've been following, feel free to email Shannon to have it included in the list.
Special session?
We've predicted all year long that there would be a special session over something, even if we never predicted what that something would be. It is still conceivable that legislators could pull a rabbit out of their hat on the budget, but the odds of that are unknown right now. Special sessions are called at the whim of the governor, and the topics discussed during those special sessions are determined solely by the governor, so we won't hazard a guess at any of that right now. Just know that if there is a special session, we will provide you with the same weekly updates you get now, and that our publication and training schedules will continue as planned despite the Legislature's inability to get its work done on time.
DA apportionment funding cuts for FY 2011
Every session, the Legislature considers an appropriation clean-up bill—also known as the "supplemental budget"—that adjusts the finances for the state in the last few months of the current fiscal year. No one usually notices that bill—until now. In order to help the FY 2011 budget limp to August 31st without a deficit, the Senate just approved HB 4, this year's supplemental budget, which includes a 2.5 percent across-the-board cut in most state expenditures for the remainder of this fiscal year. This does not include any of your salaries, supplements, or longevity pay, but it does include DA apportionment funding. The Senate's version of the bill hasn't been approved by the House or sent to the Governor yet, but state agencies like the Comptroller's Office are under instructions to implement the cuts now in anticipation of final passage. If for some reason the bill doesn't become law and the money is available, the Comptroller will be able to "catch up" in July and/or August, but that is unlikely. We had not previously reported on this matter because it was in such a state of flux this session that we never knew what was eventually going to happen, but now we feel confident enough to provide you with information you can rely upon to some degree. And by the way, the folks in the Judiciary Section of the Comptroller's Office are truly sorry about this; they generally take good care of you and hate this almost as much as you do!
The new math
This session's infusion of Tea Party sentiment in the legislative process has affected the standard law and order calculus that we use to gauge the potential fate of various bills. That "Tea Party sentiment" can be boiled down to this: "The government is the enemy. You work for the government. Do the math." Think we're kidding? Earlier this session, unsuspecting prosecutors who came to testify on a bill that would impair your budgets had to fend off a chairman who equated prosecutors with the Mafia, prompting one DA to profess surprise that he had apparently traded his white hat for a black one when he entered the Capitol. But that was just one early incident; let us share with you a more recent example.
Earlier this week, SB 1717 by Duncan/Lewis, an omnibus judicial reform bill, became what we call a "Christmas tree," so named because of all the amendments that other members tried to "hang" on it. Many of those amendments were formerly dead bills, including HB 1507 by Christian, a prosecutor-supported bill that would authorize non-lawyer JPs to issue evidentiary search warrants in smaller counties. Once offered, the amendment immediately started taking fire from several House members—urban and rural, Democrat and Republican—who expressed concerns about expansive searches, especially relating to blood draws in DWI cases. Now, there has always been some generalized resistance at the capitol to the existence of non-lawyer magistrates, but this time, the anti-government Tea Party effect crystallized that opposition into a solid voting bloc that defeated the amendment by a stunning vote of 17-121. As a result, the author of the amendment joined the ignominious "100 Club" for putting forth a matter that drew over 100 "nay" votes. We bring this to your attention because it is only one of several indications that things are changing at the state capitol. Just be glad that we passed some blood draw legislation last session, because if we hadn't, that bill would be D.O.A. this session. And that, friends, is the new legislative math for the foreseeable future.
OK, time for the relentless march of bill numbers for the rest of this update ...
Signed into law
Unlike the federal system, Texas' weak-governor system doesn't require the chief executive to sign a law before it goes into effect. Instead, a bill passed by the Legislature becomes law without the governor's signature unless that officer vetoes that bill. However, that doesn't stop a governor from signing into laws most bills—after all, how can a governor take credit for something if he doesn't at least rubber-stamp it? Accordingly, the following bills have been passed and signed into law and will become effective on September 1, 2011, unless otherwise noted: HB 905 (child hearsay statements admissible in protective order proceedings), HB 1806 (fishing tournament fraud; effective May 21, 2011), SB 24 (human trafficking), SB 653 (creating Texas Juvenile Justice Department), SB 877 (discharging sureties' liability; effective May 19, 2011), SB 934 (theft of or from automatic teller machine [ATM]), SB 1269 (honorariums), SB 1490 (international child custody), and SB 1680 (evidence in Medicaid/Medicare fraud cases).
Sent to the governor
The volume of bills being passed in this final, 20th week of the session will probably meet or exceed that of the 19 preceding weeks. As a result, we can barely begin to report on what legislators did. However, we can pass along news on a few topics we know some of you have been following, including these bills sent to the governor: HB 260 (unlawful transport), HB 1573 (amended with post-conviction DNA expansion), HB 1610 (amended with expansion of educator/student sex prohibitions), HB 2649 (credits for inmates in state jail facilities), HB 2735 (parole violator summons), HB 2889 (expanded right to expunction if prosecutor does not object), HB 3384 (revised state jail felony enhancements), SB 116 (third-party protective orders), SB 578 (facilitating child testimony in court), SB 1308 (counsel qualifications for death penalty appointments), and SB 1787 (adding blood draw info to DIC-24s).
Pending concurrence or conference committee
The following bills have passed both chambers, but the second chamber made changes that must either be accepted by the originating chamber or settled by means of a conference committee: HB 3 (life without parole for certain repeat sex offenders), HB 274 ("loser pays" civil bill), HB 1043 (cockfighting), HB 1658 (refunding cash bonds), HB 1754 (indigent defense commission), HB 2015 (juvenile prostitution = CINS), HB 2357 (amended with DPS border checkpoints), HB 3396 (breach of computer security), HB 3691 (amended with revocation reduction plans), SB 377 (capital murder of certain children older than 6 years of age), SB 407 (sexting), SB 462 (expunction changes), SB 789 (extended duration protective orders), SB 958 (regulation of dangerous wild animals), SB 1010 (notifying certain victims of plea bargains), SB 1233 (efficiency of certain county functions), SB 1616 (preservation of biological evidence), SB 1636 (testing of rape kits), SB 1649 (border prosecution grants), and SB 1717 (judicial branch changes). Getting a change made in a conference committee is very difficult—but not impossible. If you are concerned about any last-minute changes that need to be fixed, contact Shannon or Rob at 512/474-2436 for details on what, if anything, can be done before the bill is finally passed.
Note to DAs on asset forfeiture reform
One bill still pending in conference committee is SB 316 by Whitmire/Gallego. A conference committee report was issued in which all the House floor amendments—including the one giving the AG rule-making authority over your expenditures—were stripped out (except for one harmless change regarding the state auditor). Included in those "dead amendments" was language related to drug-related seizures by DPS troopers that was designed to encourage DPS to keep those cases in the state system. DPS has been working overtime to get that back in, and earlier today, the House rejected the conference committee and returned it to the Senate with a request that the DPS amendments be restored. This also opens up the bill to other amendments directed at one particular judicial district. However, what's most important to note is how vital it was that we got the AG's rule-making amendment repealed before the House sent the bill back to the Senate. If not for your quick action, that language would also now be in play again. So, once again, pat yourself on the back for a job well done—having to ride herd on that bad idea all weekend would've really spoiled our holiday!
Legislative training
Our popular Legislative Update seminars are starting to fill up. The initial offering in Austin already has 50 registrants, and it's still two months away! Don't be left out of the fun—sign up yourself, your office, and your local peace officers at http://www.tdcaa.com/seminars/signup.asp. Space is limited at some locations, so don't delay!
Update: May 20, 2011
Nothing dramatic happened on our front, at least compared to last week—and that's a good thing. Instead, we've been engaged in our traditional end-of-session version of Whac-A-Mole, where bad things crop up without notice and we have to smack 'em back down before they pass into law. As far as we can tell, we've been staying on top of most of the trouble, but past experience teaches us that we are missing, and will continue to miss, things that happen without notice and will ultimately pass into law before we discover them. Such is life in the Legislature in late May! The ultimate result is that these final few legislative updates will be shorter than normal for the simple reason that we can't keep up with it all!
The home stretch
Today is essentially the deadline for committees to hear bills from the other chamber. Both chambers will probably hold floor debates on Saturday—and the House might even meet Sunday afternoon—because all Senate bills must be approved by the full House on 2nd reading by midnight on Tuesday, and all House bills must be finally approved on 2nd and 3rd reading by midnight on Wednesday. After that, the only bills still alive will be either those on their way to the governor's desk or those that passed both chambers in a different form, requiring one chamber to concur with the other's changes or the formation of a conference committee to hash out the differences before Sunday, May 29, the absolute drop-dead day for bills to pass this legislative session.
The budget
Thanks to improving sales tax collections and skyrocketing oil and gas prices during the first half of this year, the Comptroller is getting to playing Santa Claus, promising additional funding for the state to spend in the next biennial budget. However, even the extra billion-and-then-some dollars she is delivering may not be enough to close the gap between the House and Senate budgets, especially in regard to education spending. Legislators do not want to come back to Austin for a special session, but they do want to come back to Austin for the next regular session in 2013, and that tension between policy and politics is causing nerves to fray. Combine that with the uncertainty of what our governor-who-isn't-a-presidential-candidate-but-sure-is-acting-like-a-presidential-candidate might do when the budget hits his desk, and the result is a lot of tension around the Capitol. As of right now, the outlook for a final compromise looks more promising than it did two days ago, but that could change by the time you read this.
One bit of good news to take from the budget situation is that the conference committee has apparently adopted the House version of felony prosecutor apportionment funding. Under that plan, all offices will continue to be funded to some extent, whether they are in the Professional Prosecutor Act or not. Offices serving a jurisdiction with a population of greater than 50,000 will get the statutory minimum of $22,500, while offices serving jurisdictions of less than 50,000 will get $27,500. That may not sound great compared to what you're getting now, but the Senate version was worse, so we'll take our victories where we can find them. In addition, all salary, county attorney supplement, and assistant prosecutor longevity pay items are fully funded. Now the question is whether the Legislature can actually pass this budget before the end of the month.
Reincarnated bills
No bill is truly dead as long as its language can be amended onto another bill, and the final two weeks of a session witness more rebirths of previously dead bills than a Shirley MacLaine biography. The result is that otherwise innocuous bills can suddenly become very interesting. Here are some examples:
HB 260 by Hilderbran/Dan Patrick: amended with language from SB 146 (unlawful transport of an undocumented person).
HB 1573 by Gallego/Carona: amended with post-conviction DNA expansion.
HB 3691 by Gallego/Carona: amended with language from HB 2019 (pretrial victim-offender mediation) and HB 2650 (limits on probation revocations for technical violations); may also become a vehicle for other "dead" cost-saving ideas relating to probation or parole.
If any of these bills interest you now, be sure to take action during the last 10 days of the session!
Sent to the governor
The following bills were sent to the governor this past week: HB 215 by Gallego/Ellis (lineup identification procedures), HB 716 by S. Miller/Fraser (the "pork chopper" bill), HB 1344 by Burkett/Deuell (defenses to display of harmful material to a minor), HB 1529 by S. Miller/Wentworth (identity theft), HB 1666 by Castro/Watson (online harassment), HB 2014 by Thompson/Van de Putte (yet another human trafficking bill), HB 2189 by Elkins/Deuell (legalizing "noodling"), HB 2482 by Pena/Williams (organized retail theft),
SB 82 by Nelson/Gallego (stalking), SB 331 by Shapiro/Madden (synthetic weed), and SB 688 by Nichols/Creighton (Medicaid fraud prosecutions).
Passed second chamber with changes
The following bills have passed both chambers, but the second chamber made changes that must either be accepted by the originating chamber or settled by means of a conference committee: HB 260 by Hilderbran/Dan Patrick (unlawful transport), HB 1573 by Gallego/Carona (clerk bill + post-conviction DNA), HB 2725 by Hartnett/Williams (incompetency procedures), HB 2973 by Hunter/Ellis (prohibiting SLAPP suits), HB 3342 by Naishtat/Rodriguez (mental health writ procedures), SB 116 by Uresti/Castro (third-party protective orders), and SB 166 by Shapiro/Madden (sex offender civil commitment).
Passed first chamber
Who cares? We'll finally retire this category, as bills that have only passed one chamber by now have passed the same number of chambers as a dead bill.
Scheduled floor debates
Who knows? With the final committee hearings being held today, all the remaining action will be on the floors of the two chambers, but those schedules are unknown as of now. If you are watching a particular bill, note the deadlines mentioned earlier—SBs must be passed on 2nd reading in the House no later than Tuesday, and HBs must be passed on 2nd and 3rd readings in the Senate no later than Wednesday. After that, the amendment orgy ends, and the only proposals that survive are those that are still in a "live" bill.
TDCAA Summer Regionals
The schedule for TDCAA's popular Legislative Update seminars has been set. To sign up, go to http://www.tdcaa.com/seminars/signup.asp and save 25 percent off the walk-up price by pre-registering. Space is limited at some locations, so don't delay; sign up today!
Update: May 13, 2011
Last Friday, we promised you drama. Little did we know that we'd only have to wait 18 hours to see it. For parliamentary rules geeks, last Saturday's "Mother's Day Meltdown" in the House was as good as it gets. For the other 99.5 percent of you, rumors of near-fisticuffs on the House floor last weekend should keep your attention on the Capitol as the Legislature careens towards the finish line. If not, we bet our recent unpleasantness involving surprise House floor amendments will keep you glued to future updates!
Black Wednesday
For a session that's been relatively quiet for us, Wednesday was a real kick in the pants. Within a span of about four hours on the House floor, several bills supported by prosecutors received unfavorable floor amendments, and several bills previously killed by prosecutors resurrected themselves as amendments to other bills. Some were low-grade problems that are still being worked on, but the major development was what happened to SB 316 by Whitmire/Gallego, the asset forfeiture reform bill.
We won't rehash all the details here, but suffice it to say, the bill was eventually fixed. Many of you played key roles in achieving this success. That was no easy feat due to the timing of events, but we pulled it off thanks to everyone's hard work. Now the bill is likely headed to a conference committee to resolve one local issue.
A note to our county attorney friends
Those of you who don't do felony work may have been wondering why we've been so focused on DA-related issues. We can assure you, that is not by choice. It just seems that your felony friends have been in the cross-hairs much more than you this session. That may make for boring updates for you, but if you feel slighted, call up your local DA and ask how he or she has enjoyed the rollercoaster ride the past few weeks. That should put some perspective on things—remember, boring sessions are never bad!
The Big Picture
While we were running around tending to our issues, the House and Senate were busy driving school finance reform into the ditch and taking the overall state budget with it. This has resulted in several rounds of the "What if?" game around the Capitol. There's no telling how that will all sort itself out, but it sure doesn't make a special session any less likely. Elsewhere, redistricting is causing some legislative chafing in the Senate, and the House is licking its self-inflicted wounds from a contentious debate over the anti-sanctuary city bill (HB 12 by Solomons, R-Carrollton), which now heads to the Senate for more debate.
Thursday's thresher
When the clock on the House floor struck midnight last night, hundreds of bills met their untimely deaths. Among the bills we were watching that failed to pass before the deadline were HB 1477 by Allen (parole revocation credit for street time), HB 1696 by Zedler (election investigation referrals to the AG), HB 2352 by Allen (expanding mandatory early release), HB 219 by Gallego (mandated recording of certain confessions), HB 220 by Gallego (creating a new "scientific" writ), and HB 2448 by Harper-Brown (Office of Inspector General referrals to the AG). If you have questions about another bill that you were following, check it online or contact Shannon. The next major deadline is in 11 days—Senate bills must be heard on second reading in the House by midnight on Tuesday, May 24, and all bills must receive final approval by a second chamber no later than midnight on Wednesday, May 25. After that, only bills that have passed both chambers in different forms (like SB 316, the forfeiture bill discussed above) can be debated and passed to the governor's desk.
Sent to the governor
The following bills were sent to the governor this past week: HB 1806 by Flynn/Hegar (fishing tournament fraud), HB 3000 by Thompson/Van de Putte (continuous human trafficking), SB 198 by West/T. Smith (exempting certain young sex offenders from registration), SB 250 by Zaffirini/Anchia (stalking protective orders), SB 279 by W. Davis/ Laubenberg (including pets in protective orders), SB 1024 by Rodriguez/Rodriguez (theft of service), SB 1490 by Uresti/Hunter (international child custody/abduction), SB 1608 by Carona/ Rodriguez (enhancing No DL penalties involving certain injuries), and SB 1680 by Ellis/Murphy (Medicaid/Medicare fraud evidence).
Passed second chamber with changes
HB 2014 by Thompson/Van de Putte (human trafficking consequences) and SB 316 by Whitmire/Gallego (asset forfeiture reforms).
Passed first chamber
The rush to beat the deadline in the House resulted in a large volume of bills passed on second reading, some of which still need to be finally approved by the House by today to go to the Senate. We're still catching up on everything that has passed, but this is a list of the bills that are halfway to becoming law, so read them carefully! Here is a sampling: HB 12 by Solomons (anti-sanctuary city bill), HB 96 by Fletcher (excusing a State's witness from The Rule), HB 189 by T. Smith (deferred for DWI-1st), HB 274 by Creighton ("loser pays" civil bill), HB 278 by Alonzo (mandatory pre-trial hearings), HB 351 by Veasey (expanding expunctions), HB 595 by Raymond (false identification as a peace officer), HB 597 by Madden (fake weed), HB 748 by Menendez (incompetency to stand trial procedures), HB 783 by Y. Davis (impersonating a peace officer), HB 892 by C. Howard (transport of illegal alien), HB 940 by Dukes (expanding offense of improper educator/student relationship), HB 1043 by Christian (cockfighting), HB 1122 by Weber (human trafficking), HB 1205 by Turner (time credits for early release from probation), HB 1856 by Woolley (enhancement for retaliation), HB 1937 by Simpson (criminalizing certain TSA searches at airports), HB 1988 by Gallego (certain victims' statements about plea bargains), HB 2329 by Zedler (pseudonyms and protective orders for trafficking victims), HB 2649 by Allen (diligent participation credit at state jail facilities), HB 2889 by Madden (expunctions upon prosecutors' acquiescence), HB 2993 by Miles (continuous sex with an inmate), HB 3001 by Thompson (monitoring of high-risk sex offenders), HB 3473 by Gallego (prostitution defenses and enhancements), HB 3691 by Gallego (victim-offender mediation in property crimes (per amendment on floor)), and HB 3746 by Frullo (administrative subpoenas in internet child sex crimes).
Scheduled floor debates
Now that the House is done with its own bills, it will focus on Senate bills. The House is still on the floor as this goes to press, so future calendars have not been finalized. Among those currently calendared for debate next week are SB 544 by Seliger/Shelton (Medicaid fraud offenses), SB 688 by Nichols/Creighton (Medicaid fraud prosecutions), and SB 1106 by Harris/Madden (exchange of juvenile information between agencies). The Senate calendar is also in flux because redistricting maps may consume a good portion of senators' time next week, as could these bills: HB 215 by Gallego/Ellis (eyewitness identification procedures), HB 1754 by Gallego/Ellis (indigent defense task force), HB 2482 by Pena/Williams (organized retail theft), and HB 2725 by Hartnett/Williams (incompetency procedures).
Committee hearings
Next week will be the last week for real committee hearings—and the last week we get any notice of what they are doing and when they are doing it. Everything heard in committee at this point has already passed several hurdles, so from here on out, bills will be considered in committees with little or no notice, requiring us to be quick on our feet. Among those bills that will be considered next week are:
Monday, May 16
Senate Transportation and Homeland Security (8:00 a.m., E1.012)
HB 243 by Craddick/Zaffirini creating an offense for reading text messages while driving
HB 343 by Fletcher/Huffman relating to accidents involving government vehicles
HB 1395 by Parker/Watson relating to the requirements to operate certain watercraft/boats
HB 1523 by Phillips/Watson relating to transporting household goods
Senate State Affairs (9:00 a.m., Senate Chamber)
HB 274 by Creighton/Huffman instituting "loser pays" for civil actions
House Criminal Jurisprudence (8:00 a.m., E1.012)
SB 121 by Ellis revising photograph and live lineup identification procedures
SB 152 by Huffman making admissible certain extraneous evidence in child sex cases
SB 844 by Dan Patrick expanding the offense of escape to a person lawfully detained
SB 905 by Dan Patrick applying certain CHL defenses to legislators and other officials
SB 1616 by West relating to biological evidence storage and destruction
House Elections (2:00 p.m., E2.028)
SJR 37 by Van de Putte revising the "resign to run" constitutional provision
Tuesday, May 17
Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
[not posted yet]
Wednesday, May 18
House Corrections (8:00 a.m., E2.014)
SB 1209 by Whitmire relating to the detention of certain juvenile offenders
SB 1617 by Harris relating to the discretionary transfer from a juvenile court to a criminal court of certain alleged offenses arising out of a single criminal transaction
TDCAA Summer Regionals
TDCAA's popular Legislative Update regional seminars will be coming to a location near you this summer. We will offer more than 20 three-hour legislative trainings this year during a two-month period, all of which qualify for credit as both CLE and TCLEOSE's mandated Course 3182. All attendees will also receive a copy of our Legislative Update book. Several of our locations have limited seating that will be made available on a first-registered, first-served basis. Flyers are probably in your mailboxes, and pre-registration is now open on our Training webpage (registration is online only). TDCAA members who pre-register save 25 percent off the walk-up price, so don't delay—sign up today!
Update: May 6, 2011
The session ends three weeks from Monday. Budget negotiations are a mess. Redistricting is far from a done deal. The Senate is mad at the House, the House is mad at the Senate, and everyone is mad at Father Time, who inexorably marches forward, leaving dead and dying bills in his wake. There's even a rumor that House Democrats might reprise their roles from the 2003 movie "Quorum Buster: The Ardmore Escape" in an effort to slow down the passage of legislation they oppose. What drama!
As we enter the final furlongs of this session's back stretch, note the following legislative deadlines:
Thursday, May 12: Last day for HBs to be considered on House floor (2nd reading)
Friday, May 20: Last day for local HBs to be considered on House floor (final reading)
Tuesday, May 24: Last day for SBs to be considered on House floor (2nd reading)
Wednesday, May 25: Last day for local SBs to be considered on House floor (final reading) and last day for all HBs to be considered on Senate floor (final reading)
Sunday, May 29: Last day for House and Senate to finally pass all bills
Monday, May 30: House and Senate adjourn sine die.
Remember, though, that these deadlines apply to bills, not the language in them. Just because a bill has died due to a procedural deadline does not mean that the language can't live on in an amendment to another related bill. That's what makes our job so fun. And frustrating. Is there a word that combines the two? Surely the Germans have one; any people who can invent a great word like Schadenfreude (literally: "harm" + "joy") must have figured out a way to combine "fun" and "frustrating" ... oh wait, we already have one—"Legislature." Never mind.
Funding issues head to conference committee
After several stops and starts, the full Senate finally passed its version of HB 1, the state budget for FY 2012-2013. At $179.5 billion, the Senate budget is 5.9 percent smaller than the current state budget, but it is still $12 billion larger than the House version. The budget now heads to a conference committee made up of five House members and five Senators who will hammer out the differences and try to get their respective chambers to approve the compromise. The pundits tell us that the Senate may have cut its own throat by not coming together in a bipartisan agreement on its budget and making it easier for the House to divide and conquer the senior chamber, but you never know.
For prosecutors, there is good and bad news going into the final budget negotiations. First, district attorney salaries, county attorney supplements, and assistant prosecutor longevity pay are fully funded. (Stop for a minute and let that soak in, because many people in your local communities would love to be able to say the same about their equivalent state funding.) The bad news is that felony prosecutor apportionment funding is cut in both proposed budgets. In the House version, prosecutors are lumped into two groups: Those serving jurisdictions of more than 50,000 people get the statutory minimum $22,500, while those serving jurisdictions of less than 50,000 get $27,500. The Senate version also distinguishes between two groups, but in a different way; under that plan, offices in the Professional Prosecutor Act (PPA) get the statutory minimum of $22,500, but offices outside the PPA get no apportionment funds. (To view a spreadsheet detailing and comparing these budgets, download the attachment below.) Felony prosecutors are probably one of the few groups who fare better in the House version than the Senate version. Chalk that up to the responsiveness of House Appropriations members who listened to their local DAs. Now let's see if they hold the line. In these final weeks of the session, the message from prosecutors to the conference committee members should be to adopt the House version of the apportionment funding. The conference committee will be appointed next week, and we will post those members in our weekly update for your use if you choose to weigh in on this issue.
Bills to watch update
Note that HB 1477 by Allen (D-Houston) granting "street time" credit to revoked TDCJ inmates was debated on the House floor but eventually pulled down when it became apparent that prosecutors had rallied enough opposition to kill the bill if it went to a vote. To the extent you took steps to accomplish that goal, you may pat yourself on the back.
Sent to the governor
The following bills were sent to the governor this past week: HB 905 by Thompson/Harris (child hearsay statements in protective order proceedings), SB 653 by Whitmire/Madden (combining TYC & TJPC into a new agency), SB 877 by Hinojosa/Gallego (verifying incarceration of a bail jumper), SB 934 by Williams/Hilderbran (enforcement of tax laws), and SB 1269 by Wentworth/Branch (honorariums).
Passed second chamber with changes
HB 1 by Pitts/Ogden (state budget), SB 14 by Fraser/Harless (voter ID), SB 18 by Estes/Geren (eminent domain), SB 321 by Hegar/Kleinschmidt (guns at work), and SB 1420 by Hinojosa/Harper-Brown (TxDOT sunset).
Passed first chamber
The House passed the following measures this week: HB 1199 by Gallego (enhancement for certain intoxication assaults), HB 1226 by Dutton (voting by those on deferred adjudication), HB 1389 by Hopson (penalty increase for certain dog attacks), HB 1723 by Lucio III (continuous violation of bonds/protective orders), HB 2285 by Nash (DWI blood draw reimbursements), HB 2847 by Madden (use of video conferencing technology), HB 3384 by Madden (revising punishments for repeat state jail felony offenders), HB 3396 by Hernandez Luna (breach of computer security), and HJR 98 by Burkett (denial of bail to certain repeat offenders).
Across the aisle, the Senate approved SB 288 by Lucio (DPS southbound checkpoints), SB 462 by West (expanding expunctions), SB 1117 by Whitmire (parental contribution to truancy), SB 1579 by Ogden (general gov't fiscal matters), SB 1583 by Ogden (judicial fiscal matters), SB 1636 by Davis (testing of rape kits), and SB 1649 by Watson (border prosecution grants).
Scheduled floor debates
The House is currently pre-occupied with voting out as many House bills as possible before Thursday's deadline. Among the bills currently calendared for debate starting tomorrow—yes, they are now meeting on Saturdays—are HB 274 by Creighton ("loser pays" civil bill), HB 189 by T. Smith (deferred for DWI-1st), HB 1043 by Christian (cockfighting), HB 278 by Alonzo (mandatory pre-trial hearings), and HB 597 by Madden (fake weed). However, due to the vagaries of the House calendaring system and such time-honored practices as the infamous House "chubbing," none of these bills (or any others calendared later in the week) is guaranteed to be taken up before Thursday's midnight deadline.
Unlike the House, the Senate doesn't chub; instead, it usually spends these final weeks passing as much junk as it can over to the House to let them sort it all out. The Senate also won't meet on Saturdays until perhaps the very end of session. To follow the action on the Senate floor, keep checking the Senate's list of bills eligible for debate—one of which should be SB 31, its own redistricting bill.
Committee hearings
Here are some of the bills that will be considered next week:
Monday, May 9
House Elections (2:00 p.m. or upon adjournment, E2.028)
SJR 37 by Van de Putte proposing a constitutional amendment to revise the resign-to-run provision for certain offices
Tuesday, May 10
House Homeland Security & Public Safety (8:30 a.m., E2.028)
SB 9 by Williams relating to homeland security (including organized criminal activity)
SB 364 by Ogden to collect statistical information on the prosecution of DWI offenses
SB 947 by Dan Patrick granting limited state law enforcement authority to certain federal criminal investigators
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)
SB 122 by Ellis expanding post-conviction forensic DNA testing
SB 144 by West allowing a pardon for a successfully completed deferred adjudication
SB 158 by Williams relating to the fraudulent obtaining of a controlled substance
SB 159 by Williams relating to the diversion of a controlled substance
SB 167 by West relating to expunctions after an individual receives a pardon
SB 377 by Huffman making the murder of a child under 10 years of age a capital crime
SB 462 by West relating to the right to an expunction
SB 496 by Fraser relating to the punishment for evading arrest or detention in a watercraft
SB 519 by Hegar relating to a motion for a new trial in a justice or municipal court
SB 878 by Whitmire relating to a defendant's release on a partial cash bond
SB 879 by Whitmire relating to local probation departments monitoring conditions of bond
SB 1010 by Huffman providing a victim with notice of a plea bargain in certain cases
SB 1059 by Nichols relating to the collection of court costs, fees, and fines
SB 1066 by Estes adding "bath salts" to Penalty Group 2
SB 1098 by Huffman relating to prohibited practices regarding unauthorized recordings
SB 1103 by Carona expanding venue for certain theft offenses
Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
(Not posted at press time.)
Wednesday, May 11
House Corrections (8:00 a.m., E2.014)
SB 315 by Carona relating to compiling and maintaining gang information
SB 1055 by Carona creating "commitment reduction plans" for probation departments
SB 1208 by Whitmire relating to the age until which certain juveniles may be on probation
SB 1489 by Whitmire relating to jurisdiction for truancy and failure to attend school
Attachment | Size |
Apportionment Comparision Spreadsheet for download.doc | 27 KB |
Apportionment Comparision Spreadsheet 4-25-11.pdf | 84.75 KB |
Update: April 29, 2011
As of today, there are 31 days remaining in the 82nd Regular Session—and so far, they really haven't accomplished anything yet. (Kind of like Prince William and Kate What's-Her-Name—but that didn't stop the world from stopping to gape at their wedding today, did it?) But don't be fooled by this lack of results; the Legislature is about to pass about 1,000 bills in a manner that gives a bad name to sausage-makers everywhere. The sheer volume of this "legislarrhea" makes it impossible for us to keep you updated on everything that is happening, especially when it comes to some bad stuff that might crop up. We'll do the best we can, but at this time, all we can do is ask you to please return to your seats because we are about to turn on the seatbelt sign in preparation for a bumpy landing!
The Big Picture
The Senate should have voted out its version of the state budget by now, but that hasn't happened thanks to sniping from the right and the left about what is or is not being spent in that proposed budget. Meanwhile, the House debated its own redistricting map and finally passed a version that will result in several of you having new state representatives next session. If you haven't already heard the details from your local news source of choice, go here and select Base Plan H283—that will show you all the messy details. The Senate has to approve the House plan before it goes to the Governor, but the two chambers usually don't mess in each other's business, so there shouldn't be many more changes to the House map (assuming the Governor doesn't veto it for some reason). Now the House will move forward to tackle Congressional redistricting and various agency sunset bills, while the Senate lags behind, having yet to debate its own new districts, let alone anyone else's. As the clock begins to tick faster and faster toward the end of session, these issues will take center stage, leaving little time or attention for your issues. We'll let you decide whether that is a good thing or a bad thing.
Is your retirement safe?
We think the answer to that question is still an unqualified "yes," but don't take anything for granted. This week, the House Pensions, Investments, and Financial Services Committee took testimony on two very scary bills: HB 2261 by Zedler (R-Arlington) and HB 2506 by Chisum (R-Pampa). Representative Zedler's bill allows all retirement systems to ignore overtime or supplemental pay when calculating benefits, while Rep. Chisum's bill ends the defined benefits plan of state employees in the ERS and TRS plans (including elected felony prosecutors) and replaces it with a "defined contributions" (read: 401(k)) plan. As laid out in committee, HB 2506 would apply to all members of ERS (including elected felony prosecutors) who are elected after September 1, 2011, or who have not yet vested by then.
Our latest information is that HB 2261 by Zedler will be watered down to a study (if it moves at all). As for HB 2506 ... well, we can tell you that Rep. Chisum scooted from the room after he laid it out to avoid the beating the bill took from enraged state employees. Although many government pension plans have gone south in the last few years, expert witnesses reported that ERS, TRS, and TDCRS were all in very good shape by comparison. Making any changes to the existing systems would require a huge amount of legal work, IRS pre-clearances, and an infusion of state cash to fund existing obligations that would lose the benefit of support from future contributions if employees started keeping their retirement money in 401(k) plans. In light of that, it is likely that HB 2506 won't move this session, but put this issue on your back-burner because it will come up again.
Passed second chamber
SB 653 by Whitmire/Madden (combining TYC & TJPC into a new agency) passed the House and now returns to the Senate for approval of those changes.
Passed first chamber
In addition to the bills that have been posted for committee hearings next week (see below for that list), the following bills are on the march to or through the second half of their legislative journey: HB 38 by Menendez (changing graffiti punishments), HB 243 by Craddick (no texting while driving), HB 927 by Harper-Brown (enhancement for repeated indecent exposures), HB 1072 by Solomons (exempting OAG attorneys from State Bar dues), HB 1106 by Johnson (providing information to defendants placed on deferred adjudication), HB 1529 by S. Miller (ID theft), HB 1666 by Castro (online harassment), HB 2118 by Coleman (bath salts), HB 2337 by Gallego (juvenile statements), HB 2482 by Pena (organized retail theft expansion), HB 2734 by Madden (parole of illegal criminal aliens), HB 3003 by Hughes (ID cards for county security), SB 9 by Williams (omnibus homeland security bill, including changes to organized criminal activity laws), SB 121 by Ellis (eyewitness identification procedures), SB 279 by Davis (including pets in protective orders), SB 331 by Shapiro (fake weed), SB 377 by Huffman (capital murder of a child under 10 yoa), SB 838 by Dan Patrick (Class A DWI if BAC > 0.15), SB 877 by Hinojosa (procedures for discharge of surety's liability), SB 878 by Whitmire (prohibition on partial cash bonds), SB 958 by Wentworth (dangerous wild animal exemption), SB 1010 by Huffman (notice of plea bargain to certain victims), SB 1066 by Estes (bath salts), SB 1331 by Watson (defenses for minors who report alcohol abuse), SB 1522 by Hinojosa (pleas by inmates), SB 1608 by Carona (enhanced penalty for No DL + No insurance + injury), and SB 1717 by Duncan (county court reorganization and other changes). If you are concerned about any of these bills, you are running out of time to stop them!
Bills awaiting consideration by House Calendars Committee
Speaking of stopping or moving certain bills, the following legislation is in the lawmaking equivalent of Purgatory, having passed from committee but not yet received approval for debate on the House floor: HB 12 by Solomons (sanctuary cities), HB 48 by Pena (southbound DPS checkpoints), HB 96 by Fletcher (excusing State's witness from The Rule), HB 189 by T. Smith (deferred adjudication for DWI-1st), HB 274 by Creighton ("loser pays" rule for civil lawsuits), HB 351 by Veasey (expunctions), HB 892 by C. Howard (unlawful transport of illegal alien), HB 940 by Dukes (expanding offense of improper relationship between educator and student), HB 1043 by Christian (cockfighting), HB 1121 by Weber (human trafficking), HB 1406 by Riddle (permitting EMTs to draw blood in certain DWI investigations), HB 1457 by Fletcher (expanding wiretaps, etc.), HB 1477 by Allen (street time credit), HB 1507 by Christian (authorizing search warrants by certain non-lawyer JPs), HB 1696 by Zedler (election fraud cases by AG), HB 1919 by Price (defense to cruelty to non-livestock animals), HB 2019 by McClendon (victim-offender mediation), HB 2374 by Gallego (taking juveniles into custody), HB 2822 by Coleman (voyeurism in public restroom = SJF), and HB 3386 by Madden (shock revocation, other changes). If you want to have input on what happens to these bills, you can start by contacting the members of the Calendars Committee, who do their work largely behind closed doors, ASAP.
Committee news
We are retiring this category because, quite simply, events are moving too fast for us to keep up with them. Sorry!
Scheduled floor debates
The House floor schedule for Monday and Tuesday is pretty light on bills of interest to you, and we don't know what they will tee up later in the week. The Senate list of bills eligible for debate next week should include HB 1 (the state budget bill), but that list can and will be supplemented with dozens (hundreds?) of bills not yet posted. Note also that the House will probably hold Saturday floor debates starting next week, while the Senate will try to maintain its "bankers' hours" for as long as possible.
Committee hearings
If you are following a bill that has still not been heard in a committee of its originating chamber, you can probably stick a fork in it. However, remember that the language from dead bills can always reappear as an amendment somewhere else! With that in mind, here are some of the bills that will be considered next week:
Monday, May 2
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)
SB 283 by Harris relating to the appointment of associate judges in CPS cases
SB 789 by Harris relating to the duration of a protective order
SB 819 by Harris relating to family violence and protective orders
SB 1026 by Harris relating to the powers and duties of an attorney ad litem in SAPCR
SB 1271 by Duncan authorizing alternative dispute resolution in criminal cases
HB 2641 by Burnam relating to a civil action for deprivation of rights
Tuesday, May 3
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)
SB 198 by West exempting certain sex offenders from registering as a sex offender
SB 295 by Watson enhancing the penalty for assault against ER hospital personnel
SB 316 by Whitmire relating to criminal asset forfeiture accountability
SB 407 by Watson creating the offense of sexting
SB 623 by Whitmire disqualifying a DA or CA who is the subject of an investigation
SB 688 by Nichols relating to criminal Medicaid fraud and related offenses
SB 887 by Carona enhancing the penalty for theft of an automated teller machine
SB 1308 by Seliger relating to attorneys representing indigent defendants in capital cases
SB 1680 by Ellis relating to certain evidence in a prosecution of Medicaid/Medicare fraud
SB 1752 by Uresti relating to confidentiality of Class C misdemeanor juvenile records
SJR 9 by West proposing a constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication
Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
SB 578 by Fraser facilitating the testimony of children in criminal cases
SB 1358 by Lucio relating to electronically transmitting a warrant for emergency detention
SB 1503 by Huffman relating to procedures regarding certain MHMR criminal defendants
SB 1526 by Hinojosa mandating reciprocal discovery in a criminal case
SB 1713 by Whitmire authorizing the use of CVC funds for a forensic exam in a FV case
SB 1787 by Dan Patrick amending the DIC-24 language used in DWI cases
HB 27 by Guillen relating to fines/costs by indigent defendants in misdemeanor cases
HB 200 by Parker relating to the notification of the release of certain sex offenders
HB 350 by Walle discharging juvenile fines/costs through community service or tutoring
HB 1344 by Burkett relating to a defense to the display of harmful material to a minor
HB 1573 by Gallego relating to certain pre-trial and post-trial procedures (clerk bill)
HB 1754 by Gallego reorganizing the Task Force on Indigent Defense
HB 1779 by Naishtat exempting mitigation experts from private security regulations
HB 2014 by Thompson relating to the trafficking of persons
HB 2725 by Hartnett relating to the restoration of competency in criminal cases
HB 3000 by Thompson creating the offense of continuous trafficking of persons
Senate Jurisprudence (1:30 p.m. or upon adjournment, 2E.20)
HB 734 by Diane Patrick relating to truancy courts in certain populous counties
SB 1643 by Uresti relating to mandatory dismissal deadlines and extended jurisdiction in SAPCRs to which the Department of Family and Protective Services is a party
Update: April 21, 2011
On this date 175 years ago, at around 4:30 p.m., a ragtag Texian Army of Anglo immigrants, Tejano natives, and foreign volunteers, with a member of the Cherokee Nation as their Commander-in-Chief, surprised the Mexican field army along the banks of the San Jacinto River and won a stunning victory—and eventual independence—for Texas. This morning, in the presence of one of the most famous depictions of that monumental battle, members of the Texas Senate walked in the footsteps of those giants of Texas history by approving such vital bills as SB 1598 by Carona "relating to the inspection of portable fire extinguishers" and SB 1831 by Wentworth "relating to the designation of the El Camino Real de los Tejas National Historic Trail as a historic highway." Then, after that heroic work, they adjourned until Tuesday to take their traditional four-day Easter break. (They just don't make 'em like they used to, do they?) Accordingly, due to the holiday weekend, we are also putting this out a day early. Happy Easter!
Floor recap
The Senate passed SB 152 by Huffman (extraneous evidence admissible in trial of certain sex crimes), SB 167 by West (expunction after pardon), SB 348 by Estes (sale/delivery of salvia to a minor), SB 838 by Dan Patrick (DWI enhancement for BAC of 0.15 or above), SB 843 by Dan Patrick (failure to ID after lawful detention), SB 913 (tracking OTC sales of ephedrine products), SB 958 by Wentworth (dangerous wild animals), SB 1243 by West (risk management pool in lieu of officeholder bonds), and SB 1269 by Wentworth (honorariums). Meanwhile, the House approved HB 3 by Thompson (life without parole for repeat sex offenders), HB 470 by Anderson (adding salvia to PG3), HB 1137 by Darby (electronic tracking of certain OTC drug sales), HB 1601 by Price (stacking of certain injury to a child/et al cases), HB 1633 by Bonnen (jurors must read and write English), and HB 2337 by Gallego (juvenile statements). In addition, after initially approving HB 115 by McClendon (innocence commission) on 2nd reading yesterday, the House changed course today on 3rd (and final) reading and voted down the measure on a party-line vote of 91-51, with all but six Republicans voting against the bill. Rumor has it that the governor's office was not keen on having that bill land on his desk. But then, the bill was reconsidered and left pending. Confused yet? So are we. I guess the upshot of it all is that the bill is only mostly dead and can be called up again at any time.
Committee news
Here is the roll call of some of the bills that got out of their initial committees in time to have a chance of passage. That's not to say that a bill is definitely dead if it hasn't passed out of its originating committee yet, but let's just says those bills should not buy any green bananas, if you get our drift ... House Criminal Jurisprudence approved HB 96 by Fletcher (excusing state's investigator from The Rule), HB 189 by T. Smith (deferred for DWI-1st), HB 227 by T. Smith (de-registration of certain youthful sex offenders), HB 1043 by Christian (cockfighting), HB 1199 by Gallego (increasing punishment for certain intoxication assaults), HB 1721 by Lucio III (stalking protective orders), HB 2019 by McClendon (victim-offender mediation), HB 2397 by S. Miller (breach of computer security), HB 2822 by Coleman (making bathroom peeping a felony), and HB 2847 by Madden (use of videoconferencing systems) ... House Corrections passed HB 599 by J. Jackson (limiting access to records sealed by orders of non-disclosure), HB 961 by Turner (restricting access to certain juvenile records), and HB 1915 by Madden (TYC/TJPC re-organization bill) ... House Elections approved HB 1226 by Dutton (deferred adjudication not a bar to voting) ... House Homeland Security & Public Safety voted out HB 1743 by Martinez Fischer (warning that refusal to give a sample may result in a warrant being obtained) ... House Judiciary & Civil Jurisprudence approved HB 2425 by Thompson (notice to AG of constitutional challenges to state statutes) ... Senate Criminal Justice voted out SB 462 by West (expanding expunctions) and SB 877 by Hinojosa (discharge of surety liability) ... Senate Transportation and Homeland Security voted out SB 9 by Williams (omnibus border security bill) ... and Senate Finance approved SB 1582 by Ogden (judicial branch fiscal matters).
Scheduled floor debates
The holiday break interferes with regular posting schedules, so as of now, the only thing we can tell you about potential floor debates for next week is that on Wednesday, the House will take up their own redistricting bill (HB 150—get it? There are 150 House districts? Aren't they clever?), which should be fun to watch. They will also kick the tires on Sunset bills for the Railroad Commission and TxDOT, and they are likely to drive the final nails into the coffin of TYC and TJPC, combining them into a new Juvenile Justice Department as laid out in SB 653 by Whitmire/Madden. The Senate's schedule is also sketchy right now, but it looks like senators will debate HB 1, the state budget bill, at some point next week, after which the bill will go to a conference committee to hash out all the differences behind closed doors.
Committee hearings
Here are some of the bills that will be considered next week:
Tuesday, April 26
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)
HB 3759 by White relating to the detection and interception of certain communications
HB 3034 by McClendon authorizing any magistrate to issue evidentiary search warrants
HB 515 by Dutton requiring the trier of fact to making any family violence findings
HB 3777 by Gallego relating to private providers of criminal history record information
HB 3523 by Bonnen standardizing monetary penalties for fine-only/Class C misdemeanors
HB 3598 by Huberty creating a registry of arson offenders
HB 2780 by Bohac relating to the punishment for burglary of a vehicle
HB 2807 by Burnam criminalizing certain semiautomatic assault weapons
Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
SB 533 by W. Davis relating to SANE standards and certifications
SB 972 by Hinojosa authorizing the taking of a defendant's bail bond by county jailers
SB 1529 by Hinojosa expediting the date by which arrests must be reported to DPS
SB 1636 by W. Davis relating to sexual assault and DNA evidence
SB 1658 by Hinojosa relating to the Texas Forensic Science Commission
Senate Jurisprudence (1:30 p.m. or upon adjournment, 2E.20)
SB 297 by Wentworth relating to juror questions and juror note-taking during civil trials
HB 905 by Thompson relating to child hearsay statements in a protective order proceeding
House Environmental Regulation (1:30 p.m. or upon adjournment, E2.016)
HB 1995 by Weber limiting the prosecution of certain environmental crimes and changing the state-local fine split in favor of the state
House Pensions, Investments, & Financial Services (2:00 p.m. or upon adjournment, E1.024)
HB 2506 by Chisum creating mandatory defined contribution retirement plans for persons participating in the Employees Retirement System of Texas—including felony prosecutors in the Elected Class who are first elected to that office after 9/1/2011
Wednesday, April 27
Senate Intergovernmental Relations (9:30 a.m., E1.028)
SB 1354 by Carona regulating off-premise signs in the unincorporated area of a county
SB 1382 by Wentworth limiting awards vs. a local gov'tal entity for breach of contract
House Corrections (2:00 p.m. or upon adjournment, E2.014)
HB 1763 by Harper-Brown relating to the timely transfer of inmates from jails to TDCJ
HB 3455 by Parker relating to the Internet access of certain high-risk sex offenders
Update: April 15, 2011
Six weeks left. Six weeks of ugly, messy, cringe-inducing lawmaking. Now, in light of last week's eerily correct prediction of the eventual winner of the Master's Invitational, many of you may think we have a special insight into what will come out of this legislative session. Let us disabuse you of that notion, for two reasons: First, the Golf Channel has very little to say on what the Texas Legislature will pass, so last week's primary source of information is no help. And second, even the legislators themselves don't know what they will or won't pass this session—including the redistricting maps that are being rolled out this week. So, with that in mind, join us as we continue on our voyage into the unknown ...
News from D.C. on federal student loan repayment
When Congress averted a government shutdown last week, it didn't just mean that you could keep going to your national parks—it meant that funding for the fledgling John R. Justice Student Loan Repayment Program survived for 2011. Details have yet to be worked out with the Department of Justice, but it looks like the program will be cut anywhere between 17- to 25-percent. What's important is that the program lives on, and because the Texas Higher Education Coordinating Board submitted its application for funding early in the process, Texas recipients should be fully-funded. As for the 2012 federal budget, continued funding may depend on a grass-roots campaign to demonstrate the importance of supporting young, talented lawyers to join the ranks of prosecutors. We will keep you posted on what needs to be done and when.
Sent to the governor
Well, it only took three months to finally get an entry for this category. Senate Bill 24 by Van de Putte/Thompson (human trafficking) has been sent to the Governor's desk, where it is sure to be signed into law. Come to one of our legislative updates this summer to learn what's in the bill before it goes into effect September 1st!
Floor recap
The full House approved HB 119 by Castro (third-party protective orders), HB 1072 by Solomons (exempting OAG attorneys from paying State Bar dues), HB 2015 by Thompson (juvenile prostitution), and HB 3000 by Thompson (continuous human trafficking). In related news, the House did not pass HB 115 by McClendon (innocence commission); that bill was postponed from yesterday to a date yet to be determined because its author ran into opposition on the House floor. We'll keep you posted on how that bill fares in the future.
The bills passed by the House this week now head to the Senate, which was busy passing SB 407 by Watson (sexting), SB 653 by Whitmire (combining TYC & TJPC), SB 688 by Nichols (Medicaid fraud), SB 789 by Harris (extending the duration of certain protective orders), SB 844 by Dan Patrick (escape from detention), SB 910 by Lucio (prosecutors called to active duty), SB 1010 by Huffman (duty to notify certain victims of plea offers), SB 1416 by Hinojosa (tire deflation devices), and SB 1701 by Williams (forfeiture of substitute assets)—all of which will head over to the House for further consideration. (Back and forth, back and forth ... dizzy yet?)
Committee news
If you are following a House bill that is still in committee, consider it dead if it isn't voted out by this time next week. With that in mind, here are some bills that have escaped that fate ... House Judiciary & Civil Jurisprudence approved HB 323 by Laubenberg (including pets in protective orders) and HB 2973 by Hunter (limiting SLAPP lawsuits) ... House Criminal Jurisprudence voted out HB 385 by Menendez (enhanced penalties for property crimes against disabled victims), HB 696 by Hunter (escape from lawful detention), HB 1658 by Y. Davis (refunding cash bond to depositor), HB 1666 by Castro (online harassment expansion), HB 2662 by Hochberg (child abduction reports), HB 2725 by Hartnett (criminal incompetency procedures), and HJR 98 by Burkett (denying bond to certain repeat offenders) ... Senate Criminal Justice approved SB 878 by Whitmire (limits on cash deposit bonds) ... and Senate State Affairs voted out SB 1271 by Duncan (authorizing ADR in criminal cases).
Scheduled floor debates
Once again, the House calendars for early next week don't list many bills of interest to you (although that is subject to change). As of now, the bills scheduled for debate in the House include HB 470 by Anderson (adding salvia to PG3), HB 1137 by Darby (electronic tracking of certain OTC drug sales), and HB 1601 by Price (stacking of 1st-degree injury to a child/elderly/disabled person cases). In the Senate, where even less notice is given, we know that the list of bills eligible for debate includes SB 152 by Huffman (extraneous evidence in sex crimes), SB 167 by West (expunction after pardon), SB 843 by Dan Patrick (failure to identify during detention), SB 976 by Hinojosa (mandatory release of inmates at 90% of sentence), SB 1103 by Carona (theft venue), SB 1565 by Ellis (limiting SLAPP lawsuits), and SB 1617 by Harris (juvenile court transfers).
Committee hearings
Here's a glimpse of what will be considered next week:
Monday, April 18
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)
HB 1989 by Gallego relating to certifications of SANE programs and nurses
HB 2101 by Hernandez Luna sealing court records containing certain information
HB 2307 by Smithee exempting state agency lawyers from annual CLE requirements
HB 2496 by N. Gonzalez authorizing teen dating violence court programs
HB 2711 by Thompson sealing records of juveniles who engaged in certain conduct
HB 3172 by N. Gonzalez authorizing agreed protective orders without FV findings
HB 3796 by Gallego changing the composition of certain judicial districts in West Texas
Tuesday, April 19
House Licensing & Administrative Procedures (8:00 a.m., E2.012)
HB 3583 by Harless relating to enforcement of laws regulating coin-operated machines
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)
HB 17 by Riddle creating the offense of criminal trespass by an illegal alien
HB 685 by Dutton restricting prosecutors' authority to dismiss a criminal action
HB 686 by Dutton limiting the secrecy of grand jury proceedings
HB 778 by N. Gonzalez authorizing the execution of lawful process by county jailers
HB 939 by V. Gonzales relating to the fee for certain services performed by a peace officer
HB 952 by Lozano creating the offense of obstruction/retaliation against a process server
HB 1200 by McClendon creating of the offense of improper photography or visual recording of certain identifying information
HB 1213 by Fletcher increasing the penalty for leaving the scene of certain accidents
HB 1410 by Bonnen increasing the punishment for the offense of attempted murder
HB 1640 by Dutton relating to official oppression by a peace officer
HB 1723 by Lucio III increasing penalties for violations of bond/protective orders
HB 2065 by Allen authorizing victim-offender mediation programs
HB 2180 by Isaac relating to disorderly conduct involving unreasonable noise
HB 2285 by Nash authorizing probation reimbursement for certain investigation costs
HB 2303 by Alvarado expanding Crime Victims' Compensation for certain victims
HB 2323 by Raymond increasing the penalty for certain manslaughters
HB 2326 by McClendon lowering penalties for the offense of theft
SB 316 by Whitmire reforming criminal asset forfeiture practices and procedures
SB 623 by Whitmire disqualifying a prosecutor from an investigation of himself
SB 887 by Carona increasing the penalty for theft of an automated teller machine
SB 1308 by Seliger relating to the standards for attorneys appointed in capital cases
SJR 9 by West proposing a constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes deferred adjudication
Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
Not posted when this went to press; visit http://bit.ly/hBvwTw on Monday for details.
House Homeland Security & Public Safety (2:00 p.m. or upon adjournment, E1.026)
HB 440 by Turner restricting a peace officer's authority to take a blood specimen for DWI
HB 1530 by S. Miller authorizing county commissioners to carry concealed handguns in their meetings
HB 2528 by Harper-Brown restricting the use of vehicles that mimic law enforcement
HB 2957 by J. Davis creating due process rights for law enforcement officer suspects
Wednesday, April 20
House Corrections (2:00 p.m. or upon adjournment, E2.014)
HB 542 by Dutton relating to the successful completion of deferred adjudication
HB 1299 by Guillen mandating early release of certain inmates nearing their discharge date
HB 2412 by Miles mandating early release of certain drug offenders with prior crimes
HB 2583 by Walle creating a gang remediation task force
HB 3359 by Miles mandating release of certain inmates who were revoked on probation
HB 3691 by Gallego relating to certain probation programs and services
HB 3762 by Marquez requiring public hearings for determining execution procedures
Thursday, April 21
House Homeland Security & Public Safety, Subcommittee on Law Enforcement Issues
(8:30 a.m., E2.028)
HB 512 by Dutton restricting the authority of peace officers to conduct certain searches
HB 3227 by Hernandez Luna authorizing the use of forfeiture proceeds for college scholarships for children of peace officers killed in the line of duty
HB 2756 by Lavender authorizing the open (unconcealed) carrying of a handgun
HB 3147 by McClendon relating to DNA evidence of sexual assaults
Update: April 8, 2011
Baseball and spring football rule the roost in April, but this week a young man's thoughts turn to dogwoods, azaleas, pimento cheese sandwiches, Magnolia Lane, and green jackets. Forget conventional wisdom (sorry, Lefty)—we like a foreigner to win the Masters this year, such as Rory McIlroy, Paul Casey, Geoff Ogilvy, or Charl Schwartzel (you read that last prediction here first) ... What's that you say? The Legislature is still in session? Criminy! OK, here's what happened this past week, with a peek forward to next week's agenda of DWI-related bills, a bill to increase hot check collection fees, and a host of bills that may make everyone's list of bad ideas ...
Who let the dogs out?
We may soon have an answer to this question that has remained unanswered since the Baha Men asked it back in 2000 because a rash of let-'em-out-early bills are now being considered by the Legislature. Here's a summary of some of those bills that have been considered, along with the skinny on—and the current status of—each (with early releases and cost avoidance savings stated in terms of the upcoming 2012–2013 biennium):
- HB 1477 by Allen awarding an estimated 1,700 revoked TDCJ parolees credit for "street time" to accelerate their discharge; projected to save $11.5 million (pending a vote in House Corrections)
- HB 2352 by Allen expanding early release to mandatory supervision for 9,400 more TDCJ inmates; projected to save $124 million (pending a vote in House Corrections)
- HB 3538 by Thompson facilitating the early release of 3,000 sick or elderly TDCJ inmates; projected to save $18.5 million (pending a vote in House Corrections)
- HB 3649 by Otto releasing early 9,000 TDCJ inmates who have less than 1 year or 10 percent of their sentences remaining; that portion of this omnibus bill is projected to save $31 million (pending a vote in House Appropriations)
- SB 883 by Whitmire includes the same language as Allen's HB 1477 (pending in Senate Criminal Justice)
- SB 976 by Hinojosa includes the same language as Otto's HB 3649 (already voted favorably from Senate Criminal Justice)
With only a few meager exceptions among your profession, NO ONE is stepping up for public safety and arguing against any of these bills in committee. Not victims groups, not law enforcement agencies, not anyone. Should that trend hold, we suppose you can take solace in knowing that your future job security will be assured due to no lack of new cases from repeat offenders--but that's cold comfort, isn't it?
Floor recap
This past week, the House passed HB 243 by Craddick (no texting while driving), HB 341 by Fletcher (burglary while evading arrest), HB 371 by Hochberg (no deferred adjudication for certain murderers), HB 1344 by Burkett (display of harmful material to a minor by a parent), HB 1891 by S. Davis (extended time for search warrants of computers, etc.), and HB 2014 by Thompson (human trafficking).
Across the aisle, the Senate approved SB 82 by Nelson (stalking), SB 122 by Ellis (expanded post-conviction DNA testing), SB 153 by Huffman (overruling Ivey v. State), SB 182 by Wentworth (reckless driving penalty), SB 789 by Harris (extending the duration of certain protective orders), SB 1308 by Seliger (standards for appointed counsel in death penalty cases), and SB 1702 by Williams (money-laundering task force).
Committee news
Committees in both houses are hitting their strides now, debating and voting upon dozens of bills each week. Multiply that number by the 50 or so committees now in service and you get a very large number—all of which is our excuse for not being able to include most bills in this list from here on out. If you are interested in a specific bill that you haven't read about in these updates, contact Shannon directly (email@example.com or 512/474-2436) for more information.
With that said, this past week, House Elections voted out HB 2629 by Branch (honorariums) ... House Criminal Jurisprudence approved HB 3 by Thompson (life without parole for repeat sex offenders), HB 189 by T. Smith (deferred adjudication for certain DWI-1st offenders), HB 227 by T. Smith (exempting certain sex offenders from registration), HB 597 by Madden (criminalizing synthetic marijuana), HB 2118 by Coleman (criminalizing "bath salts"), HB 2482 by Pena (organized retail theft), and HB 2856 by Gallego (reforming asset forfeiture procedures) ... Senate Criminal Justice approved SB 198 by West (exemptions from sex offender registration), SB 407 by Watson (sexting), SB 1055 by Carona ("commitment reduction plans" for probation departments), and SB 1680 by Ellis (evidence in Medicaid/Medicare fraud cases) ... and the Senate's Select Committee on Open Government voted out SB 1269 by Wentworth (honorariums).
Scheduled floor debates
The House calendars for next week don't list many bills of interest to you (although that can change as the week goes on). As of today, the slate of bills scheduled for debate includes HB 1072 by Solomons (waiving State Bar dues for state employees), HB 2294 by Hunter (limiting Declaratory Judgment Act claims), and SB 18 by Estes/Geren (eminent domain). The Senate gives even less notice than the House on bills to be debated, but among those eligible for approval are SB 688 by Nichols (Medicaid fraud), SB 1416 by Hinojosa (tire deflation devices), and SB 1701 by Williams (forfeiture of substitute assets).
Committee hearings
Here's a glimpse of what will be considered next week:
Monday, April 11
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)
HB 274 by Creighton creating a "loser pays" system in civil actions
HB 482 by Dutton relating to agreed protective orders
HB 484 by Dutton relating to the enforcement by contempt of certain orders
HB 963 by Hartnett relating to costs associated with cruelly-treated animals
HB 1622 by Menendez relating to nuisance suits enjoining gang activity
HB 2329 by Zedler relating to victims of human trafficking
HB 2425 by Thompson requiring notice to OAG of certain challenges to Texas statutes
HB 3121 by Thompson authorizing objections to certain visiting judges
HB 3303 by Marquez prohibiting solitary confinement of certain juveniles
HB 3327 by Woolley limiting the liability of persons who employ ex-cons
HB 3393 by Hughes relating to the filing of an official transcript of a court proceeding
HB 3442 by J. Jackson authorizing certain courts to access juvenile information
Tuesday, April 12 (DWI day!)
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)
HB 439 by T. Smith authorizing sobriety checkpoints
HB 473 by T. Smith mandating ignition interlocks for certain DWI-1st offenders
HB 506 by Callegari mandating more ignition interlocks
HB 570 by Dutton removing a DL suspension upon dismissal of the DWI charge
HB 928 by Harper-Brown mandating more ignition interlocks
HB 933 by T. Smith relating to court costs for breath alcohol testing programs
HB 982 by Carter criminalizing the failure to install/ maintain an ignition interlock device
HB 1199 by Gallego increasing the penalty for certain intoxication assaults
HB 3477 by Carter permanently revoking a person's DL upon a 5th DWI conviction
HB 1406 by Riddle authorizing EMTs to take a blood specimen in a DWI investigation
HB 3029 by W. Smith relating to bond conditions for certain DWI offenses
HB 3474 by Gallego relating to the offense of public intoxication
HB 25 by Guillen authorizing the carrying of certain weapons in a watercraft
HB 77 by Flynn authorizing the carrying of certain weapons in a watercraft
HB 152 by Raymond increasing hot check collection fees ($$$)
HB 718 by Fletcher relating to the offense of funeral service disruption
HB 783 by Y. Davis expanding the offense of impersonating a peace officer
HB 921 by Lewis authorizing the reimbursement of certain medical, dental, or health- related services as a condition of community supervision
HB 1063 by Murphy enhancing the penalties for repeat and habitual misdemeanors
HB 1065 by Riddle expanding capital murder of a child to under 10 years of age
HB 1686 by Fletcher relating to the discharge of a surety's liability on a bail bond
HB 1706 by Gutierrez lowering the punishment for the offense of criminal mischief
HB 1919 by Price adding a defense to cruelty to non-livestock animals
HB 2303 by Alvarado expanding CVC Fund eligibility to certain parents of young victims
HB 2344 by Castro relating to the creation of a law enforcement technology fund
HB 2467 by Phillips relating to the discharge of a surety's liability on a bail bond
HB 2577 by S. Miller relating to the unlawful use of a mechanical security device
HB 2858 by Gallego enhancing the penalty for assault against ER hospital workers
HB 2889 by Madden expanding the expunction of certain records and files
HB 2847 by Madden facilitating the use of video teleconferencing systems
HB 3384 by Madden reducing the penalties for repeat and habitual felony offenders
HB 3698 by Gallego limiting adult certifications of juvenile offenders
HB 3478 by Gallego increasing the punishment for criminal mischief involving livestock
HB 3323 by McClendon relating to the standards for attorneys appointed in capital cases
HB 3351 by Turner limiting adult certifications of juvenile offenders
HB 3473 by Gallego creating a defense to prostitution for certain children under age 14
HB 3439 by Raymond relating to missing children and missing persons
HB 2949 by Cook relating to the administration of the collection improvement program
HB 3304 by Marquez creating the offense of exploitation of an elderly individual
House Human Services (1:00 p.m. or upon adjournment, E2.030)
HB 985 by Menendez relating to abuse, neglect, and exploitation in certain facilities
HB 1930 by Zedler relating to the Human Trafficking Prevention Task Force
HB 3206 by Y. Davis treating identity theft as exploitation of an elderly or disabled person
Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
SB 462 by West expanding the right to an expunction
SB 604 by Rodriguez relating to the execution of lawful process by county jailers
SB 687 by Huffman relating to interception of wire, oral, or electronic communications
SB 838 by Dan Patrick increasing the penalty for DWI with a BAC of more than 0.15
SB 877 by Hinojosa relating to discharging a surety's liability on a bail bond
SB 878 by Whitmire relating to personal bonds
SB 879 by Whitmire relating to probation departments monitoring certain bond conditions
SB 880 by Whitmire relating to probation departments monitoring pretrial programs
SB 903 by Dan Patrick authorizing deferred adjudication for certain DWI-1st offenses
SB 905 by Dan Patrick expanding defenses to certain concealed handgun license laws
SB 953 by Whitmire relating to occupational licenses
SB 1024 by Rodriguez relating to the prosecution of the offense of theft of service
SB 1076 by Ellis expanding mandatory probation to 3rd-degree felony drug offenses and expanding non-disclosures to all probations
SB 1158 by West expanding non-disclosures to all probations
SB 1331 by Watson relating to criminal offenses regarding the possession or consumption of alcoholic beverages by a minor and providing alcoholic beverages to a minor
SB 1366 by West relating to the regulation and registration of sex offenders
SB 1522 by Hinojosa relating to pleas by a defendant confined in a penal institution
SB 1681 by Ellis appointing counsel in appellate proceedings and probation revocations
Senate Jurisprudence (1:30 p.m. or upon adjournment, 2E.20)
Not posted when this went to press, visit http://bit.ly/epLirs on Monday for details.
House Homeland Security & Public Safety (2:00 p.m. or upon adjournment, E1.026)
HB 161 by Raymond relating to criminal history information concerning DWI offenses
HB 1626 by Flynn relating to electronic reporting databases for over-the-counter sales of ephedrine, pseudoephedrine, and norpseudoephedrine
HB 1536 by Eiland expanding collection of DNA records for the DNA database system
HB 2256 by Phillips abating/deferring DL suspension or revocation for victims of ID theft
HB 2887 by Fletcher relating to the disposition of forfeited property seized by DPS in investigations of violations of the Texas Controlled Substances Act
HB 3383 by Madden authorizing private DNA labs to perform forensic analyses in the investigation or prosecution of certain criminal offenses
Wednesday, April 13
Senate Intergovernmental Relations (9:30 a.m., E1.028)
SB 373 by Duncan expanding the authority of county treasurers and auditors
House Corrections (2:00 p.m. or upon adjournment, E2.014)
HB 164 by Raymond relating to a physical and mental examination of a juvenile
HB 1726 by Hernandez Luna expanding the collection of DNA records
HB 1787 by Farias establishing a restorative justice pilot program for juvenile offenders
HB 3365 by White authorizing a warden to provide information to a parole panel
HB 3366 by White allowing state jail felons to "parole" back to court supervision
SB 166 by Shapiro relating to the sex offender civil commitment program
Update: April 1, 2011
As we write this, state representatives are debating House Bill 1, the state appropriations act for the next two years. While we watch that thrilling debate on Austin access cable, we are gearing up for next week's "sex offender" day, a second week of cockfighting debates, and more bills to open the prison doors and release inmates early because, doggone it, we just can't afford to keep them locked up anymore. (Seriously—this is not an April Fools' joke.) Sounds exciting, doesn't it? If we could sell tickets and popcorn for the show, we'd be ... well, we'd be as broke as the state is, because who wants to pay to watch a slow-motion G-rated train wreck?
Floor recap
This week, the Senate passed SBs 158 and 159 by Williams (fraudulent drug diversion), SB 331 by Shapiro (fake weed), and SB 377 by Huffman (death penalty for murder of child under 10). Across the rotunda, the House passed HB 215 by Gallego (eyewitness ID reform)—now that House bill goes to the Senate and the Senate bill sits in the House while both chambers fight over whose bill will pass first (ain't politics grand?).
Committee news
The House Elections Committee approved HB 1696 by Zedler (expanding the AG's authority over election fraud cases) ... House State Affairs approved HB 892 by C. Howard (unlawful transport of an illegal alien) ... House Judiciary & Civil Jurisprudence voted out HB 1072 by Solomons (waiving State Bar dues for attorneys employed by the state), HB 2014 by Thompson (human trafficking), HB 2015 by Thompson (making juvenile prostitution a CINS offense), HB 2294 by Hunter (limiting Declaratory Judgment Act claims), and HB 3000 by Thompson (continuous human trafficking) ... and House Criminal Jurisprudence voted out HB 1106 by Johnson (notice to defendants placed on deferred adjudication) and HB 2725 by Hartnett (incompetency procedures). And over in the Senate, the Senate Criminal Justice Committee voted out SB 1416 by Hinojosa (tire deflation devices).
Scheduled floor debates
Assuming the House members survive today's budget discussion, upon their return on Monday they are scheduled to debate and vote on HB 371 by Hochberg (no deferred adjudication for certain murderers) among other business. Over in the Senate, bills eligible for debate include SB 153 by Huffman (overruling Ivey v. State), SB 170 by Ellis (making the Task Force on Indigent Defense a permanent agency), SB 789 by Harris (extending the duration of certain protective orders), SB 1308 by Seliger (standards for appointed counsel in death penalty cases), and SB 1702 by Williams (creating a money laundering task force in the AG's office).
Committee hearings
Here's a glimpse of what will be considered next week:
Monday, April 4
House Licensing and Administrative Procedures (8:00 a.m., E2.030)
HB 1822 by Harless relating to the withdrawal of security by a bail bond surety
HB 1823 by Harless relating to who can execute bail bonds and act as sureties
Senate Government Organization (9:00 a.m., 2E.20)
SB 653 by Whitmire abolishing TYC and TJPC; creating a new Juvenile Justice Dept.
Senate State Affairs (9:00 a.m., Senate Chamber)
SB 1718 and SJR 45 by Duncan relating to the appointment/retention of state judges
House Homeland Security & Public Safety, Subcommittee on Law Enforcement Issues (1:00 p.m. or upon adjournment, E1.026)
HB 19 by Riddle increasing penalties for operation of a motor vehicle without a license
HB 595 by Raymond increasing the punishment for false identification as a peace officer
Senate Agriculture and Rural Affairs (1:30 p.m. or upon adjournment, E1.012)
SB 958 by Wentworth relating to the regulation of dangerous wild animals
SB 1480 by Hegar relating to the regulation of exotic aquatic species
House Elections (2:00 p.m. or upon adjournment, E2.028)
HB 304 by Pena limiting the assistance a person may provide a voter
HB 2589 by Pena increasing the penalty for certain fraudulent acts by a voter registrar
HB 2629 by Branch clarifying certain honorariums offered to/accepted by public servants
HB 3498 by Aliseda increasing the penalty for illegal voting
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)
HB 1381 by Madden relating to the service of civil process on a TDCJ inmate
HB 1418 by Hughes relating to inmate litigation
HB 1559 by S. Davis prohibiting the destruction of certain court documents
HB 1771 by Madden establishing the Specialty Courts Advisory Council
HB 1911 by Bonnen limiting the liability for damages arising from training exercises
HB 1985 by S. Turner relating to the collection of court costs, fees, and fines
HB 2976 by Hunter relating to the issuance of a warrant to take physical custody of a child in certain suits affecting the parent-child relationship
Tuesday, April 5
House Licensing and Administrative Procedures (8:00 a.m., E2.012)
HB 1822 by Harless relating to the withdrawal of security by a bail bond surety
HB 2728 by Thompson relating to the operation and regulation of charitable bingo
House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120) (sex crimes day!)
HB 36 by Menendez increasing the penalty for certain prostitution offenses
HB 649 by Gallego relating to certain protective orders for victims of sexual assault
HB 764 by Lozano authorizing general-law municipalities to impose child safety zones
HB 772 by Riddle cleaning up certain statutory discrepancies relating to sex offenses
HB 867 by Darby limiting eligibility for jury-recommended community supervision
HB 927 by Harper-Brown increasing the punishment for habitual indecent exposure
HB 940 by Dukes expanding the offense of improper relationship between educator/student
HB 1049 by Woolley authorizing evidence of other offenses in certain sex crimes trials
HB 1471 by Miles increasing the penalty prescribed for official oppression
HB 1345 by Veasey relating to the statute of limitations for kidnapping of a minor
HB 3001 by Thompson relating to the electronic monitoring of certain sex offenders
HB 2227 by Coleman expanding hate crimes to include gender identity or expression
HB 604 by Farrar repealing the offense of homosexual conduct
HB 2156 by Coleman repealing the offense of homosexual conduct
HB 1721 by Lucio III relating to protective orders for stalking or sexual assault
HB 2966 by Naishtat relating to the confidentiality of certain communications and records made or collected in reference to certain sexual assault survivors
HB 2993 by Miles increasing penalties for improper sexual activity with an inmate
HB 3 by Thompson imposing life without parole on certain repeat sex offenders
HB 825 by Anchia relating to protective orders for stalking victims
HB 3177 by S. King expanding venue for certain crimes against children
HB 1722 by Lucio III relating to the failure to stop/report certain crimes against a child
HB 3176 by S. King relating to failure to stop/report aggravated sexual assault of a child
HB 1874 by Zedler expanding the offense of improper relationship between educator/student
HB 1909 by Coleman relating to indecency with a child between members of the same sex
HB 3746 by Frullo relating to providing resources to combat crimes against children
HB 1994 by Weber creating a first-offender prostitution prevention program
HB 2019 by McClendon authorizing victim-offender mediation programs for certain property crimes (that do not give prosecutors a role in who enters the program)
HB 2196 by Rodriguez relating to the prosecution of the offense of theft of service
HB 3031 by McClendon creating "shock" deferred adjudication
HB 3077 by Gallego relating to discharging a surety's liability on a bail bond
HB 1070 by Scott relating to the taking of a defendant's bail bond by county jailers
HB 3692 by Gallego authorizing citations for persons with mental illness/incompetency
HB 47 by Pena creating a crime relating to tire deflation devices
HB 3695 by Gallego making confidential certain Class C misdemeanor records of a child
HB 3396 by Hernandez Luna increasing the penalty for breach of computer security
HB 1707 by Gutierrez changing the value ladder for the offense of misdemeanor theft
HB 385 by Menendez relating to theft/fraud committed against a disabled individual
Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
SB 152 by Huffman authorizing evidence of other offenses in sex crimes trials
SB 167 by West relating to expunction after a pardon
SB 348 by Estes relating to the sale or delivery of salvia to a child
SB 496 by Fraser relating to evading arrest or detention in a watercraft
SB 757 by Deuell limiting certain defenses to display of harmful material to a minor
SB 843 by D. Patrick relating to failure to identify after a detention
SB 844 by D. Patrick relating to escape from custody by a person lawfully detained
SB 913 by Estes relating to records regarding over-the-counter sales of certain drugs
SB 939 by Lucio creating an offense for cockfighting
SB 976 by Hinojosa mandating the early release of TDCJ inmates with less than 1 year or 10% of their sentence remaining to be served
SB 1010 by Huffman providing a victim with notice of a plea bargain agreement
SB 1014 by W. Davis, relating to time during which prisoners may be released from jails
SB 1055 by Carona authorizing "commitment reduction plans" by CSCDs
SB 1103 by Carona expanding the venue for prosecution of certain theft offenses
SB 1273 by Williams relating to the lawful manufacture, distribution, and possession of and prescriptions for controlled substances
SB 1600 by Whitmire relating to peace officers registering as private security officers
SB 1676 by Ellis requiring peace officer training on ethical decision making
SB 1680 by Ellis relating to certain evidence in Medicaid or Medicare fraud cases
Senate Jurisprudence (1:30 p.m. or upon adjournment, 2E.20)
SB 910 by Lucio relating to elected prosecutors called into active duty military service
SB 1490 by Uresti relating to the custody of a child in certain SAPCR suits
SB 1607 by Carona relating to the duties and responsibilities of county clerks
SB 1617 by Harris relating to the discretionary transfer of certain juvenile offenders
House Homeland Security & Public Safety (2:00 p.m. or upon adjournment, E1.026)
HB 2990 by Deshotel relating to the electronic storage of personal identification information obtained from driver's licenses
HB 48 by Pena authorizing DPS to investigate the feasibility of southbound checkpoints
Wednesday, April 6
Senate Transportation & Homeland Security (8:00 a.m., E1.016)
SB 150 by West granting limited state law enforcement authority to special agents of the Inspector General of the U.S. Department of Veterans Affairs
SB 530 by Huffman granting limited state law enforcement authority to special agents of the Inspector General of the U.S. Social Security Administration
SB 947 by D. Patrick granting limited state law enforcement authority to certain criminal investigators of the United States and to other federal law enforcement personnel
Senate Intergovernmental Relations (9:30 a.m., E1.028)
SB 373 by Duncan expanding authority of county treasurers and auditors
SB 1233 by West promoting efficiencies in certain county services and functions
SB 1243 by West authorizing the use of a county risk management pool by certain county and district officers instead of the execution of bonds
House Corrections (2:00 p.m. or upon adjournment, E2.014)
HB 961 by S. Turner sealing and restricting access to certain juvenile records
HB 2649 by Allen awarding a type of good time credit to state jail confinees
HB 2650 by Allen mandating intermediate sanctions for persons on probation
HB 2735 by Madden authorizing bonds for blue warrant violations of parole
HB 3538 by Thompson expanding release of certain inmates on medically recommended intensive supervision or on super-intensive supervision parole
Thursday, April 7
House Defense and Veteran's Affairs (2:00 p.m. or upon adjournment, E2.014)
HB 1178 by Flynn extending certain veterans' employment protection
HB 2122 by Lozano relating to elected prosecutors called into active duty military service
Due to circumstances beyond their control, both of the elected prosecutors who volunteered to come to Austin to help out during the week of April 11 are now unavailable. If you are free that week—or at least the first three days of that week—and are willing to lend a hand, please contact Shannon for more details.
Update: March 25, 2011
This past Tuesday we spent 12 hours in a committee hearing with a bunch of conspiracy theorists, "birthers," and other members of the public doing their part to keep Austin weird. Next week, we'll watch to see whether public safety can compete with budget cuts on Monday, try to survive "Gambling Day" and "Death Penalty Day" (both on Tuesday!), and participate in a marathon meeting on border security issues on Wednesday. On top of that, the House will start work on redistricting and will hold floor debates on the state budget next week. In light of all of that, if you don't receive an update from us next Friday, it will be because the political rhetoric melted the Capitol and our office building was razed in the conflagration.
Floor action
This week, the Senate cranked up its bill-passing machine and approved SB 24 by Van de Putte (human trafficking); SB 116 by Uresti (third-party protective orders); SB 144 & SJR 9 by West (making deferred adjudications eligible for a gubernatorial pardon); SB 250 by Zaffirini (stalking protective orders); SB 279 by W. Davis (including pets in protective orders); SB 485 by Huffman (mortgage fraud venue), and SB 622 by Nelson (which includes penalty enhancements for crimes related to "protected health information"). Meanwhile, the House approved SB 14 by Fraser/Harless (voter ID)—proof that elections have consequences, in light of last year's debacle over that bill.
Committee recap
The House Criminal Jurisprudence Committee approved HB 115 by McClendon (creating an innocence commission) and HB 1643 by Aliseda (prosecutor disqualification), among other bills, while House State Affair voted out HJR 56 by Solomons (proposing a constitutional amendment to limit unfunded mandates).
In the Senate, the Criminal Justice Committee voted out SB 82 by Nelson (stalking), SB 122 by Ellis (expanded post-conviction DNA testing), SB 331 by Shapiro (fake weed), SB 377 by Huffman (death penalty for murder of child under 10 yoa), and SB 779 by Whitmire (animal cruelty registry), among others.
Scheduled floor debates
The House has scheduled debate on some controversial budget bills next week. On Thursday, March 31, they will take up HB 4 by Pitts (supplemental revenue and cuts for the current fiscal year) and HB 275 by Pitts (tapping the Rainy Day Fund to balance the current budget), and HB 1 by Pitts (the FY 2012-2013 budget) is set for floor debate on Friday, April 1 (no foolin'!). If you come to Austin next week, hold your wallet tightly.
Committee hearings
Here's a glimpse of what's on tap; it's the busiest week yet!
Monday, March 28
House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)
HB 323 by Laubenberg including pets in protective orders; providing a penalty
HB 1207 by S. Davis adopting the Uniform Child Abduction Prevention Act
HB 1633 by Bonnen requiring a juror to read and write in English
HB 2014 by Thompson relating to criminal and civil consequences of human trafficking
HB 2015 by Thompson making certain juvenile prostitution a CINS offense
HB 2294 by Hunter relating to declaratory judgments and sovereign immunity
HB 2437 by Sheets relating to an award of costs after rejection of certain settlement offers
HB 2661 by Kleinschmidt relating to settlements of actions involving governmental units
HB 2973 by Hunter protecting a person's right to petition, free speech, and association
HB 3000 by Thompson creating the offense of continuous trafficking of persons
HB 3445 by J. Jackson relating to the operation and administration of the judicial branch
HJR 61 by Raymond proposing to increase the terms of district judges to six years
House Elections (2:00 p.m. or upon adjournment, E2.028)
HB 1226 by Dutton authorizing persons who have received deferred adjudication to vote
HB 1679 by Burkett relating to aid provided to certain voters; providing penalties
HB 2449 by Aliseda increasing the penalty for illegal possession of another's mail-in ballot
HB 2585 by Pena increasing the penalty for illegal possession of another's mail-in ballot
HB 2817 by L. Taylor relating to certain election practices and procedures
HB 3055 by Pena increasing the penalty for lying on an application for a mail-in ballot
House Corrections (2:00 p.m. or upon adjournment, E1.014) (re-scheduled from Wednesday, March 23, due to voter ID debate; note new room location)
HB 1477 by Allen awarding "street credit" to revoked TDCJ parolees
HB 1962 by Villarreal relating to programs that a JP/muni court may require of a juvenile
HB 1964 by Villarreal relating to discharging fines and costs assessed against juveniles
HB 2352 by Allen expanding mandatory supervision from TDCJ for most felons
HB 2354 by Madden authorizing the use of certain surveillance equipment within TDCJ
Tuesday, March 29
House Licensing and Administrative Procedures (8:00 a.m., E2.012) (gambling day!)
HB 382 by Menendez authorizing and regulating poker gaming
HB 594 by Raymond relating to coin-operated machines and gambling promotion
HB 1123 by Dutton relating to the regulation of athlete agents
HB 1183 by Raymond relating to local option elections to legalize/prohibit eight-liners
HB 2111 by Woolley relating to video lottery games at racetracks and by Indian tribes
HB 2424 by Thompson relating to video gaming by bingo operators
HB 3575 by Thompson authorizing and regulating casino gaming by Indian tribes
HB 3576 by Thompson authorizing and regulating casino gaming
HJR 28 by Alvarado establishing a state gaming commission
HJR 41 by Raymond authorizing local option elections to legalize/prohibit eight-liners
HJR 43 by Quintanilla authorizing and regulating local option gaming
HJR 111 by Woolley authorizing a state video lottery system
HJR 112 by Menendez creating the Texas Gaming Commission and authorizing casinos
HJR 119 by Thompson authorizing video gaming by bingo operators
HJR 147 by Hamilton authorizing Indian casino gaming
HJR 151 by Thompson authorizing Indian casino gaming
HJR 152 by Thompson authorizing casino gaming
(Don't quit reading! There is still more important stuff in here—power through it! J )
House Criminal Jurisprudence (Upon adjournment, JHR 120) (death penalty day + more!)
HB 17 by Riddle creating the offense of criminal trespass by an illegal alien
HB 168 by Raymond relating to expiration dates for bail bonds
HB 488 by Dutton lowering the standard of review in capital writs
HB 543 by Dutton limiting the admissibility of certain confessions in DP cases
HB 566 by Christian making murder of a protective order applicant eligible for the DP
HB 689 by Dutton restricting the use of certain evidence in DP cases
HB 748 by Menendez relating to incompetency, time credits, and restorations
HB 777 by N. Gonzalez relating to courthouse security fund court costs
HB 809 by Darby expanding the permissible use of pre-trial intervention fees
HB 819 by Farrar abolishing the DP
HB 852 by Dutton abolishing the DP
HB 855 by Dutton eliminating the DP for a party to a capital crime
HB 1029 by Carter requiring electronic monitoring for certain burglary bonds
HB 1043 by Christian creating the offense of cockfighting
HB 1113 by Raymond requiring judges to sentence drug defendants in a school setting
HB 1205 by Turner granting time credits for early termination of probation
HB 1641 by Dutton imposing a DP moratorium while studying the issue
HB 1646 by Gallego relating to capital writ representation
HB 1670 by Coleman imposing procedures related to mental retardation and the DP
HB 1918 by Larson relating to the appointment of counsel in DP case
HB 1973 by Lucio III relating to forfeiture by wrongdoing in DP cases
HB 2200 by Miles requiring the severance of DP co-defendants
HB 2337 by Gallego relating to juvenile statements given to non-Texas peace officers
HB 2374 by Gallego relating to juveniles taken into custody by non-Texas officers
HB 2511 by Dutton requiring severance of DP co-defendants, eliminating party liability
HB 2662 by Hochberg relating to missing/abducted children
HB 2822 by Coleman making DOC-Peeping in a bathroom a state jail felony
HB 2856 by Gallego reforming asset forfeiture procedures
HB 3346 by Burnam relating to public information on the sex offender registry
HB 3375 by Murphy relating to Medicaid fraud investigations and prosecutions
HB 3526 by Y. Davis relating to victim information on certain arrest warrants
HB 3400 by Walle instructing a jury about the effect of certain verdicts
Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
SB 146 by Hinojosa creating the offense of unlawful transport of an undocumented person
SB 198 by West exempting certain persons from registering as a sex offender
SB 407 by Watson creating an offense for "sexting"
SB 883 by Whitmire awarding "street time" credit to certain parolees
SB 1116 by Whitmire limiting the types of punishment for certain conduct on a campus
SB 1416 by Hinojosa criminalizing the possession, etc., of a tire deflation device
House Homeland Security & Public Safety (2:00 p.m. or upon adjournment, E1.026)
HB 626 by Woolley limiting the issues at an ALR hearing relating to a refusal to consent to the taking of a specimen following an arrest for certain intoxication offenses
Wednesday, March 30
Senate Transportation & Homeland Security (7:30 a.m., E1.016)
SB 9 by Williams relating to homeland security (omnibus bill)
SB 288 by Lucio relating to the feasibility of southbound checkpoints
SB 294 by Hinojosa relating to the feasibility of southbound checkpoints
SB 315 by Carona relating to information pertaining to criminal combinations/street gangs
SB 1292 by Hegar authorizing the issuance of a driver's license to a peace officer that includes an alternative to the officer's residence address
SB 1649 by Watson creating a grant program to support border prosecutions
SB 1694 by Williams authorizing roving wiretaps
SB 1695 by Williams increasing penalties for engaging in certain organized crimes
SB 1696 by Williams authorizing an automatic license plate reader pilot program
SB 1699 by Williams authorizing use of an image verification system for certain purposes
SB 1700 by Williams authorizing DL/insurance checkpoints by DPS
SB 1701 by Williams relating criminal asset forfeiture hearings and more
SB 1702 by Williams establishing a money laundering task force within the AG's office
House Corrections (2:00 p.m. or upon adjournment, E2.014)
HB 599 by J. Jackson restricting the release of information sealed by nondisclosure
HB 1552 by Madden relating to the monitoring of certain high-risk sex offenders
HB 2734 by Madden relating to the parole of illegal criminal aliens
HB 3385 by Madden facilitating the exchange of certain confidential juvenile information
HB 3386 by Madden relating to the supervision of certain people convicted of a criminal offense and to the organization and operation of certain correctional entities
And finally, here's a bonus quote in honor of Major League Baseball's Opening Day next Thursday ...
"People ask me what I do in winter when there's no baseball. I'll tell you what I do. I stare out the window and wait for spring."
—Rogers Hornsby, Hall of Famer