80th Legislature: Criminal Jurisprudence HB 8

It was either watch American Idol (a show I despise until it makes it to the last three or four episodes) or find a committee still in session at this hour.

Luckily, Criminal Jurisprudence was still in session at this hour (which I watched simeltanious with NCIS) and just started considering HB 8 by Debbie Riddle (R-Houston). It would make repeated sexual offenses against persons under than 14 punishible as capitol offenses.

This is the “Jessica’s Law” legislation.

It looks like there are some witnesses on this bill, so this should be interesting. The first witness of is from an advocacy group called “Their Voice,” and she just noted she didn’t have a position on the death penalty portion but did want to keep the life without possibility of parole language.

Now an assistant DA from Tarrant County is giving testimony. He’s in favor of the bill as well.

Pena has asked the prosecutor to talk about the death penalty provision and what kind of discretion prosecutors would use with it. Evidence, background of defendant, defendant’s mental status, mitigating evidence, etc., are all things he mentioned are part of what goes into deciding what cases are death penalty cases.

Now they are talking about the 25-year mandatory-minimum that is included in some versions of similar legislation brought forward. Evidently, the prosecutor doesn’t favor this because some children won’t testify if you have to have a 25-year mandatory-minimum. He says prosecutors will nave no bargaining room to get the best disposition possible when the child victim cannot testify.

Vice Chairman Allen Vaught (D-Dallas): My concern is getting a bill out of this committee…that protects our children. I want to build a law that is constitutional…it does no good to have a law that is not constitutional…

Texas Eagle Forum has a representative there, they support. Kathie Adams from the Texas Eagle Forum also supports it. TMPA, for the bill; Justice for All, for the bill; Texas State Trooper’s Association, for the bill; ACLU, against the bill, Ruth Eppstein, and she’s going to testify.

Eppstein: We do not believe that HB 8 will prevent sex offenses. Texas’ penalties for sex offenses against children are already high…there is no evidence that these enhancements will create any additional deterrants especially since most sex offenses against children are perpitrated by family members or others close to the family.

Family members…may be less likely to report or testify if the person will face life in prison. The bill may result in the prosecution of innocent people without [reforms in the system]. Eyewitness testimony, especially so long after the offense has been committed, can be unreliable.

[...]

Texas should facilitate access to DNA testing for convicted persons and people who ask for it…Texas should require best practices be implemented in [photo ID's, using single photos instead of arrays].

Recividism rates are already among the lowest for all types of crimes…Texas is already tough on sex offenders, but Texans can do more to prevent reoffending by improving offender supervision and increasing avaliable treatment options rather than simply [creating] longer and longer sentences.

Now a prof from UT Law School is speaking neutrally and he’s talking about some “genuine constitutional questions” about the death penalty clause.

Tweet This Post   Ping This Post

Bookmark It