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Relating to the prohibited suspension of a provision of the Code of Criminal Procedure or Penal Code during a declared state of disaster.
No significant fiscal implication to the State is anticipated.
HB 3016 would prohibit the governor from issuing any executive order during an emergency or disaster that suspends any provision in the Code of Criminal Procedure or Penal Code.
Texas Action supports HB 3016 because it would advance individual liberty and limited government. Even in emergencies, the governor should not have the power to waive provisions of law that protect both defendants and the public. HB 3016 would limit the unilateral authority of the governor and ensure the due process protections found in the Code of Criminal Procedure always remain in place. It is always within the power of the governor to call a special session of the legislature to address these issues on an emergency basis if needed.
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