Print 🖨

The House Criminal Jurisprudence Committee met on February 28 to discuss a number of bills. This report covers HB 178 (Murr), HB 218 (Moody), HB 247 (S. Thompson), HB 381 (S. Thompson), HB 513 (Metcalf), and HB 598 (Shaheen). The full agenda can be found here. A video archive of the hearing will be uploaded here.

 

This report is intended to give you an overview and highlight the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Opening Comments

  • Chair refers the following to Subcommittee on Criminal Procedure HB 303, HB 311, HB 322, HB 352, HB 394, HB 399, HB 401, HB 405, HB 412, HB 414, HB 416, HB 467, HB 504, HB 519, HB 559
  • Chair refers the following to Subcommittee on Asset Forfeiture HB 69
  • Representative J. Jones was present to speak in favor of HB 381

 

Vote Outs

HB 247 (S. Thompson) (9 ayes, 0 nays)

HB 381 (S. Thompson) (9 ayes, 0 nays)

 

HB 178 (Murr), Relating to testing possible controlled substance evidence for fentanyl

  • Bill was filed to be an enhancement tool for prosecutors
  • Bill requires authorized labs to test controlled substances for possible fentanyl if it is reasonably possible that the substance is or contains fentanyl
  • “Reasonably possible” definitions
    • If a submitter indicates on submission paperwork that substance is believed to be or purported to be fentanyl
    • If the evidence is identical or similar to manufacture markings and packing of fentanyl products
    • If a forensic scientist suspects an item may be fentanyl based on their experience
    • All unknown powder or liquid crystal substances
  • Fentanyl increases the potency of other products, and puts many people in danger
  • Darby- Do you agree with the numbers in the fiscal note?
    • Yes, believes that more employees would be required

 

Brady Mills, Texas Depart of Public Safety – On

  • Here as a resource witness
  • Cook – Can you tell us more about the fiscal note?
    • This is for all 16 labs we have across the state; anticipates for need of additional personnel
  • Cook- The $17.8M is just for personnel?
    • $1M is for space, and machine purchases; reminder for personnel
  • Darby- This bill would require you to do fentanyl test on everything y’all test?
    • Yes, would test an additional 31K cases
  • Bhojani- Would it be more cost effective if we tested in the first time around, rather than retest?
    • When testing for the highest penalty can identify if fentanyl is present; the other cases it would be an additional test

 

Paula Blackman, City of Dallas District 9 – For

  • Gave an example of son’s friend that died of fentanyl
  • Bill will help protect the communities

HB 178 was left pending

 

HB 218 (Moody), Relating to the criminal and licensing consequences of certain marihuana possession, drug paraphernalia possession, and tetrahydrocannabinol possession offenses; imposing a fee

  • Bill changes the system, to right size the penalty
  • Bill is not marijuana legalization
  • Makes possession of marijuana a class C offense
  • Bill puts person on deferred adjudication, if the person completes that, the individual can request it be expunged
  • Bill creates parody between leaf cannabis and concentrate
  • Harrison- Can you explain the interactions with the transportation code?
    • The suspension of driver’s license changes will be remedied, but nothing else
  • Moody- Most of the offenders are young, and it hampers their job opportunities

 

Jason Vaughn, Self – For

  • Gov has asked for 2oz for class c misdemeanor, would like body to make change from 1-2 oz
  • If language about arrest is hinderance on passing bill, would prefer it be taken out so it can pass

 

Elizabeth Miller, Self – For

  • Thank everyone for time and support
  • Lives in fear of using marijuana to treat her illnesses
  • Has been using marijuana for a long time because of Ehlers- Danlos Syndrome
  • Believes bill will help people like her

 

Jaber York, Self – Neutral

  • In support of penalty reduction and legalization
  • Does not support imposing a fine
  • Gave example of husbanded who is diagnosed with cancer and is using marijuana

 

Karen Reaves, Self – For

  • Was convicted under this law back in 2004
  • Still does not have driver license because of her prior arrest
  • Believe bill will help people like her and her son from not being able to have job opportunities

 

David Bass, Self – For

  • Texas has 1.4M vets, estimates from his work that 200K use cannabis in Texas
  • 17-18% of Americas admit to using cannabis regularly
  • Texas vets get cannabis through 3 sources
    • Estimates 10K in compassionate use program
    • Estimates 40-50K use delta 8 & 9
    • The rest get cannabis through illegal market

HB 218 was left pending

 

HB 247 (S. Thompson), Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases

  • S. Thompson- Under Texas law individuals convicted of crime generally only have one opportunity to file a habeas petition
  • DAs office can find evidence of wrongful conviction, but cannot rectify it because of a previously filed writ application
  • Bill will allow the DA to wave the bar on subsequent writs and allows the court to consider a subsequent writ application

 

Mike Ware, Innocents Project of Texas – For

  • A lot of time is spent trying to figure out how to get the court to hear the case
  • Gave an example of an individual who was wrongfully convicted, who will likely be exonerated
  • Allows DAs office to wave procedural bar and allow court to hear based on the merits of the case

 

Benjamin Wolff, Capital and Forensic Writs- On

  • They get cases referred by the forensic science division for people incarcerated for decades
  • Sometimes incarcerated individuals will file pro se writs
  • Current law makes it difficult to hear cases

 

HB 247 was voted favorably to the House

 

HB 381 (S. Thompson), Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability

  • Thompson- Those with intellectual disabilities are a vulnerable population
  • US Supreme court stated that Texas’ test for intellectual disability is unconstitutional because it is using obsolete medical standards
  • Courts must decide their own approach, creates huge disparity across the state
  • This bill prohibits an individual with an intellectual disability from receiving the death penalty
  • Bill requires an evidentiary hearing before a jury prior to trial to determine if the defendant is intellectually disabled based on current medical standards
  • If defendant is intellectually disabled, they are tried for capital murder
  • Added into the bill jury determination
  • Schatzline- Could you help me understand the term intellectual disability?
    • J. Jones- Gave example of kid who pushed and beat teacher; this bill does not let individuals go free, but it does establish that they had a sufficient mental state to know what they did was wrong
    • Moody- Gave example of Bobby Moore case, this bill allows science to make the determination and for the determination to be made before trial

 

Kirk Noaker, The Arc of Texas – For

  • Bill defines and evaluates if an individual is ID
  • Those with IDD are vulnerable and often unable to represent themselves
  • Bill establishes a process to evaluate those with ID

 

Jennifer Almond, Texas Catholic Conference of Bishops – For

  • Bill saves time and money but also saves grief and pain
  • Those with intellectual disability make up 11% of incarcerated population

 

Raoul Schonemann, The Capital Punishment Clinic – On

  • The test would apply to the bottom 2.5% of the population
  • Texas is one of the only states with no statutory scheme to determine if the person has an intellectual disability
  • This is a pretrial determination rather than during trial
  • Harrison- How many states have statutory procedure?
    • 3 states without statutory procedures
  • Harrison- Do you know if the definition of intellectually disabled consistent with the other states?
    • The definition is consistent with the Supreme Courts definition

 

Benjamin Wolf, Capital and Forensic Writs – On

  • Gave an example of a case his office managed where the individual was deemed intellectually disable during trial
  • The process is entirely unpredictable
  • The last death penalty trail in Smith County cost $1.2M
  • Estimates from American Bar Association show that death penalty cases cost $2.5-3M

 

HB 381 was voted favorably to the House

 

HB 513 (Metcalf), Relating to the manufacture or delivery of a controlled substance or marihuana causing death or serious bodily injury; creating a criminal offense; increasing a criminal penalty

  • Need to give DA’s the tools to prosecute individuals praying on citizens
  • Bill creates standalone offense for someone who distributes or manufactures fentanyl
  • Under current law the pathway to convict someone is tied to the weight of the controlled substance
  • Harrison- Could there be an instance where someone sold a small amount of marijuana to someone and they died due to fentanyl, would the person who distributed the marijuana be a first degree felon under this?
    • Moody- no, it needs to be tied into it; will investigate it more

Jack Armstrong, Montgomery County Sheriff’s Office – For

  • Started in 2019 because of a significant uptick in overdoses
  • Pills are pressed in streets, you can order presses online
  • Once pills are taken there is no more evidence

 

Michael Uber, Montgomery County Sheriff’s Office – For

  • The bill needs to keep up with the times
  • This new bill will help us combat those who distribute and manufacture fentanyl
  • The current law requires us to have a weight for the narcotic

 

Brett Ligan, Montgomery County DA’s Office – For

  • The state of Texas is being flooded with fentanyl
  • Two pieces of salt of fentanyl are a fatal amount
  • Often people ingest it, and we cannot measure it
  • This does not create new a law but puts a penalty on those who sell to a person under 18
  • This bill clarifies penalty provision and is seeking to enhance the punishment

 

Rand Henderson, Montgomery County Sheriff – For

  • Work with High Intensity Drug Trafficking Administration (HIDTA) to help track the drugs
  • Working toward educating people about the dangers of fentanyl

 

Page Williams, Dallas County DA’s Office – For

  • Fentanyl is a bipartisan issue
  • This bill allows us to use tools that are in place and enhances them for prosecutors
  • Two changes in the law to go after illicit dealers and adult dealers

HB 513 was left pending

 

HB 598 (Shaheen), Relating to creating the criminal offense of possession of an animal by a person who has been previously convicted of an offense involving animal cruelty

  • Bill makes it unlawful for a person who was convicted of animal abuse to own an animal
  • Bill escalates to Class B misdemeanor if an individual has a prior offense
  • Bhojani- If someone is convicted in other state would this apply?
    • Yes, that is correct
  • Harrison- How are we defining animal?
    • A non-livestock animal
  • Harrison- If a person committed an act 10 years ago, and now they want to own a horse or a cow would this preclude them from owning one?
    • If they were convicted they are not allowed to own any animal
  • Harrison- Is there a time limit on that?
    • No, but other states there is a time limit; would be open to it

 

Stacy Sutton Kirby, Texas Human Legislation Network – For

  • Research shows that individuals who commit violence on animals are more likely to harm people
  • School shooter in Uvalde had a history of torturing animals
  • Bill is the next step in closing the loophole that allow abusers to continue to hurt animals

HB 598 was left pending