Bill Caption

Relating to pretrial procedures, conditions for community supervision, and criminal punishment for conduct endangering the public safety; creating a criminal offense and increasing criminal penalties.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 1741 would make certain changes to criminal laws regarding rioting and the prosecution of rioters. It would prohibit any court, besides the one before which the case is pending, from releasing someone on a personal bond who is charged with rioting. A person arrested without a warrant for rioting would only be able to be released on bond after either their personal information is collected or 72 hours has passed, whichever is earlier.

If enacted, the penalties for obstructing a highway would be increased from a Class B misdemeanor to a state jail felony if the offender knowingly blocked the passage of an emergency vehicle or obstructed access to a hospital. A person placed on community supervision under this new felony enhancement would have to spend at least 10 days in confinement.

SB 1741 would make the penalties for various criminal offenses, including assault, robbery, and trespass, automatically increase to the next highest level if they were committed during a riot. The penalties for pointing a laser pointer at a safety officer would be increased from a Class C misdemeanor to various levels of felony if the act causes bodily injury to the officer. SB 1741 would also make it a criminal offense to use fireworks with the intent to interfere with the performance of law enforcement duties or flee from an officer attempting to detain them. Such an offense would be a state jail felony, or a first-degree felony if the fireworks cause serious bodily injury to an officer.

Vote Recommendation Notes

Texas Action supports SB 1741 because it would advance personal responsibility and individual liberty, and is consistent with the proper role of a limited government.

We are generally skeptical of new sentencing enhancements unless these enhancements remain proportional to the offense. However, the state has a vested interest on behalf of the citizens of Texas to maintain law and order without infringing on individual liberty. The penalty enhancements proposed by SB 1741 are proportional to the respective offenses and wholly appropriate within the context of limited government.