Bill

HB 1396

84(R) - 2015
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Justice

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Positive
  • Positive
  • Neutral

Co-Author(s)

Paul Workman

Bill Caption

Relating to strict construction of certain statutes that create or define criminal offenses and penalties.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

The bill would amend the Government Code as it relates to the construction of certain statutes that create or define criminal offenses and penalties. This analysis assumes implementing the provisions of the bill would not result in a significant impact on state correctional agencies. 

Bill Analysis

The bill would amend the Government Code section on the construction of statutes that create or define criminal offenses and penalties. This bill would provide "a statute or rule that creates or defines a criminal offense or penalty, other than a criminal offense or penalty under the Penal Code, to be strictly construed against the government and construed in favor of the actor whose criminal responsibility is in issue if any part of the statute or rule is susceptible to more than one objectively reasonable interpretation".

Vote Recommendation Notes

This bill supports a strict constructionist approach toward statutes which define criminal offenses and penalties. As such, this makes it easier for citizens to understand the plain meaning of a law. Laws should be made (and codified) by the legislature and interpreted and applied at the bench. We support HB 1396 under our personal responsibility and limited government principles.

Organizations Supporting

Texas Public Policy Foundation