It’s so hard to say goodbye. Especially, when you worked so hard to draft a bill and get it through committee and then it just ends up lifeless on the House floor. There were so many dreams that died last night that lawmakers may not want to ever fall asleep again. It was a long night that tested patience, physical stamina, and sanity. For all those who had to watch their pet project “cross the rainbow bridge” last night, there is always next legislative session!
New Calendars and Committee Postings! Please see below.
Bail reform
The governor’s bail reform emergency items finally emerged from the House Criminal Jurisprudence Committee and are now scheduled for debate on the House floor on Monday. Two of them are joint resolutions to amend the state constitution, which requires support from 100 House members. There being only 88 Republicans in that chamber, attempts are underway to find at least 12 Democratic friends to get those bills over that hump.
Here are brief summaries of the bail bills; read them for yourself for all the details.
SJR 1 by Huffman, aka “Jocelyn’s Law” (named after Jocelyn Nungary), denies bail upon a finding of probable cause that an illegal alien committed one of 20 types of felonies.
SJR 5 by Huffman denies bail for a person charged with any of nine types of listed felony crimes if the State proves by clear and convincing evidence that the defendant is a flight risk or a danger to the victim, law enforcement, or community. Related procedures are also laid out to implement that process.
SB 9 by Huffman is the omnibus bail reform enabling legislation for those joint resolutions that also serves as a “clean-up” bill for the major bail reform legislation that passed in 2021 as SB 6, aka the Damon Allen Act. This new legislation is now a 24-page substitute bill that revises the public safety report (PSR) system, limits certain appointed magistrates’ authority to set bail or reduce bail, limits personal bond for more types of crimes, clarifies the process for prosecutors to appeal allegedly insufficient bail, and makes lots of other changes.
In related bail news, HB 75 by Smithee was heard on second reading yesterday and is expected to pass out of the House today on third and final reading. It requires a magistrate who finds no PC for an arrest to enter written findings in support of that ruling w/in 24 hours. This bill has an identical Senate companion, SB 3073 by Huffman, that was filed Tuesday, passed from committee Wednesday, passed by the full Senate, sent to the House Thursday, and passed from that chamber’s committee. (All that happened in two days, which tells you just how fast they really can move when the legislative leadership suspends every possible rule to pass something to avoid a potential special session!)
Expansion of prosecutor carry defense
Last week we put you on notice about an AG Opinion request relating to the authority of a prosecutor with a license to carry (LTC) to carry in a courtroom pursuant to the non-applicability provisions of Penal Code §46.15; see the end of that newsletter for details if you missed it.
This week we wanted to alert you to a bill that would grant that same prosecutor’s defense to a “retired” prosecutor (although “retired” is not defined in the legislation or existing statute). That bill is HB 2215 by LaHood (R-San Antonio), who is the brother of former Bexar County Criminal DA Nico LaHood. The bill has the support of Joe Gonzales, the current CDA there, due to credible threats against Mr. LaHood stemming from his days as the elected CDA. The bill passed the House this week and is on its way to the Senate Criminal Justice Committee. We have no idea whether other prosecutors support or oppose the expansion of this LTC defense to former elected or assistant prosecutors, so we are putting it on your radar for you to decide that for yourself and then engage with the Senate on the bill if you see fit. The bill could be heard in that committee as soon as Tuesday morning.
ABCD bills
The latest status of bills to make Anyone But Current DAs a front-line prosecutor in your jurisdictions:
HB 45 by Hull (OAG prosecution of human trafficking): passed through the Senate Criminal Justice Committee, awaiting consideration by the full Senate as soon as today.
HB 5138 by Shaheen (OAG prosecution of election crimes): passed the House last Friday and was heard in the Senate State Affairs Committee yesterday. Its Senate companion is SB 1026 by Hughes, which is now pending in the House Calendars Committee.
SB 16 by Hughes (OAG prosecution of illegal voter registration): pending in the House Calendars Committee.
SB 1367 by Hughes (SPA as statewide trial prosecutor): awaiting consideration by the full Senate.
SB 1861 by Hughes (CCA appointment of special prosecutor for election crimes): passed by the Senate on second reading yesterday (on a 20-11 party-line vote) and expected to pass on third and final reading by that same margin today, after which it will be referred to the House.
SB 2743 by Hagenbuch (OAG prosecution of election crimes upon removal of local prosecutor): referred to the House State Affairs Committee.
Criminal laws that have made it to the Governor
Here is a non-exhaustive list of the criminal laws that made it through both chambers and are just waiting for the Governor’s approval.
HB 166 creating a presumption of endangering a child, an elderly person, or a disabled person by exposing them to fentanyl.
HB 353 creating the criminal offense of trespassing on or near a school or daycare center.
HB 2000, also known as Audrii’s Law, requiring sex offender registration for the offense of child grooming.
SB 305 extends “Move Over, Slow Down” protections to animal control officers, animal carcass removal vehicles, and parking enforcement vehicles.
SB 412 repeals the affirmative defense to prosecution for the sale, distribution, or display of harmful material to a minor by a person having scientific, educational, governmental, or other similar justification.
SB 487 allows victims of an offense of invasive visual recording or indecent assault to choose a pseudonym to be used in all public files and records concerning the offense.
SB 494 requires the Railroad Commission of Texas to establish a statewide task force to study theft of petroleum products and analyze the impacts.
SB 703 revokes the license of a massage therapist or massage therapy instructor who is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for certain sexual offenses.
SB 888 allows the Attorney General to defend a county or district attorney who is sued for the enforcement of a state statute.
SB 1809 creates an offense for the fraudulent use or possession of gift cards or gift card redemption information.
SB 2196 increases the effective period for certain emergency protective orders.
Prosecutors at the Capitol
These prosecutors have zero quit in them when it comes to fighting for good laws. Montgomery County District Attorney Brett Ligon testified in favor of HB 2596, which would allow protective orders for, and extend other new rights to, victims of burglary of a habitation. Fort Bend County District Attorney Brian Middleton testified in favor SB 1220, which would solve the Court of Criminal Appeals decision in Ex parte Charette, which says that the Texas Ethics Commission (TEC) has exclusive jurisdiction over certain election offenses. Montgomery County Assistant District Attorney Carmen Morales testified in favor of HB 2798, which would extend the statute of limitations for Chapter 32 fraud. Comal County Criminal District Attorney Jennifer Tharp testified in favor of HB 1465, which would expand the scope of invasive visual recording and require the guilty to register as a sex offender.
Calendars
Senate Intent Calendar
Monday
SB 781King: Relating to certain files maintained by a law enforcement agency regarding certain employees of the agency.
SB 1861 Hughes: Relating to the appointment of a special prosecutor by the court of criminal appeals for certain criminal cases.
SB 2797 Creighton: Relating to discovery requirements in a criminal case.
HB 45 Hull/ Huffman: Relating to the duty of the attorney general to prosecute human trafficking criminal offenses.
House Calendars
Monday
SB 664 Huffman/ Cook: Relating to qualifications, training, removal, and supervision of certain masters, magistrates, referees, associate judges, and hearing officers.
Tuesday
SB 3 Perry: Relating to the regulation of consumable hemp products and the hemp-derived cannabinoids contained in those products.
SB 1220 Hughes/Smithee: Relating to the subject matter jurisdiction of the criminal trial courts of this state.
Upcoming committee hearings
Please check back for updated committee hearings
Tuesday
Senate Criminal Justice: 7:00 a.m., E1.016
HB 47 Howard: Relating to sexual assault and other sex offenses.
HB 285 Ordaz: Relating to the prosecution of the offense of cruelty to nonlivestock animals.
HB 305 Hayes: Relating to the time period for conducting a pretrial hearing after a criminal defendant has been restored to competency.
HB 449 Gonzalez: Relating to the unlawful production or distribution of sexually explicit images using deep fake technology.
HB 908 Spiller: Relating to the reporting by law enforcement agencies of missing children to the National Center for Missing and Exploited Children.
HB 1024 Shaheen: Relating to the execution of a warrant issued for certain releasees who violate a condition of parole or mandatory supervision related to the electronic monitoring of the releasee.
HB 1443 Schatzline: Relating to creating the criminal offense of promotion of a child-like sex doll.
HB 1445 Hernandez: Relating to the compensation of counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings.
HB 1741 Johnson: Relating to certain proceedings and supervision following certain adjudications occurring in a criminal case.
HB 1866 Lujan: Relating to the state law enforcement authority of federal National Park Service law enforcement officers.
HB 1902 Cook: Relating to creating the criminal offense of jugging.
HB 2001 Meyer: Relating to increasing the criminal penalties for insider trading and other misuse of official information.
HB 2282 Lopez: Relating to the amount of the reimbursement fee paid by a defendant for a peace officer’s services in executing or processing an arrest warrant, capias, or capias pro fine.
HB 2355 Fairly: Relating to requests for law enforcement agency reports from the attorney general related to crime victims compensation applications.
HB 2492 Bowers: Relating to the period for which a person arrested for certain crimes involving family violence may be held after bond is posted.
HB 2637 DeAyala: Relating to the practice and procedures for summoning prospective grand jurors and petit jurors and the exemption of certain persons from grand jury and petit jury service.
HB 2697 Anchia: Relating to certain procedures in connection with a bond forfeiture.
HB 3464 Meza: Relating to the offense of providing a controlled substance to a person in custody of a correctional facility.
HB 4996 Dyson: Relating to increasing the criminal penalty for the offense of refusal to execute the release of a fraudulent lien or claim.
House Criminal Jurisprudence: 8:00 a.m., E2.014
SB 456 Middleton: Relating to the purchase or sale of human organs.
SB 826 Parker: Relating to the operation of a motor vehicle in a school crossing zone while intoxicated.
SB 872 Birdwell: Relating to the punishment for the offense of burglary of a vehicle involving theft of a firearm.
SB 957 Parker: Relating to the creation of the criminal offense of continuous aggravated promotion of prostitution.
SB 993 Nichols: Relating to the authority of a peace officer commissioned by the comptroller to apply for an order authorizing the installation and use of a mobile tracking device.
SB 1660 Huffman: Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.
SB 2017 Bettencourt: Relating to the creation of a criminal offense for operating a vehicle under certain circumstances causing a tire of the vehicle to spin, lose traction, or leave the surface of a highway.
SB 2611 West: Relating to the status of certain documents or instruments concerning real or personal property.
SB 2785 Birdwell: Relating to notification and disclosure of records and information concerning an investigation of a report of child abuse or neglect to county or district attorneys.
SB 2794 Paxton: Relating to the criminal offense of interference with child custody.
Wednesday
House Trade, Workforce, Economic Development: 8:00 a.m, E2.014
SB 2105 Blanco: Relating to the authority of a country attorney or district attorney to enforce human trafficking awareness and prevention in commercial lodging establishments
Now Showing – Forensics in the Courtroom: DNA
TDCAA is pleased to present our first training in our Forensics in the Courtroom series: DNA. Please join Tiffany Larsen, Asst. District Attorney from Brazos County, as she walks viewers through what prosecutors need to understand about DNA and how to use DNA evidence in the courtroom. Viewers that complete the course will receive 1.75 hours of CLE. This course is free of cost. To register, please click here.
NDAA funding letters
The National District Attorneys Association (NDAA) is soliciting prosecutors’ support for funding of 1) the Public Service Loan Forgiveness program (PSLF) and 2) the Crime Victims Fund Stabilization Act (to shore up VOCA grant funding). If you would like to add your name to the other supporters that will be listed on letters submitted to Congress by NDAA, more information is available here.
Quotes of the week
“The Legislature, even with its rules and the politics and everything else—the first thing you learn is, never say never. I’ve seen things that were obviously just dead as a doornail miraculously come to life in the last few days of the session.”
—Ken Armbrister, who served as chief legislative aide to former Gov. Rick Perry after a 24-year career serving in both chambers.
“So, I am going to ask you tonight. All of those little bitty wee-wee feelings that you’ve been having? Bury them. Dismiss them. Roll your sleeves back up and let’s get to work in solving the people’s problems. Thank you.”
—Representative Senfronia Thompson, the Dean of the Texas House, admonishing the entire Texas House to knock off their performative behavior and focus on the legislative process.
“Criminalizing homosexuality is not the role of government, and I support repealing it.”
—Representative Brian Harrison (R-Midlothian) explaining his support and being a co-author of HB 1738 to revoke the Penal Code’s ban on homosexual conduct.
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