HB 3786

85(R) - 2017
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Procedure
Mandatory Community Supervision

Vote Recommendation

  • Neutral
  • Neutral
  • Positive
  • Neutral
  • Neutral


Tom Oliverson

Bill Caption

Relating to eligibility for community supervision of defendants convicted of certain burglary offenses.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would add an additional limitation to jury-recommended community supervision. If this bill passes, and if a person committed burglary in a place of inhabitance, and if the defendant knew that another person was present in the place being burglarized, they would be ineligible for community supervision. 

Vote Recommendation Notes

Committing a burglary at a place that the burglar knows to be occupied is far more dangerous and likely to lead to a violent or even deadly encounter than at a place the burglar knows to be unoccupied. Knowingly burglarizing an occupied inhabited is a brazen act that demonstrates a willingness to commit crimes that have a high likelihood of escalating beyond mere burglary. Removing the opportunity for community supervision for these individuals supports our personal responsibility principle by making the punishment commensurate with the offense.