Bill Filing Day Two

Yesterday closed out with the legislature filing in another 40 bill proposals. See the complete list of 40 here. As was the case yesterday, it appears that many of the bills are duplicates or highly similar versions of bills already proposed by different authors. Here are some of the key points.

HB 215 is a House introduction of the bill to try and fix some of the many problems with photographic and live line up presentations, the inherent bias, and false identifications. In essence, the bill directs the Bill Blackwood Law Enforcement Institute of Texas at Sam Houston State University to create a model for law enforcement agencies to follow. My problem with this bill, already filed as SB 121, has no teeth. It would allow evidence of whether the procedures were or were not followed to be introduced into evidence at trial, but does not exclude its introduction altogether. If we are going to do this, we should be serious about doing it.

Likewise, HB 219 is a copy of Senate bill SB 123, which would make it a requirement to electronically record certain custodial interrogations. I have concerns about the bill allowing the exceptions to swallow the rule. First, rather than include all violations of the law above the grade of a Class C misdemeanor, the bill specifies felony offenses in which recording is required. Second, the "good faith exceptions" seem to allow room for abuse. If we are really going to fix the problem, and I think it's clear there is a problem, then eliminate all potential problems.

I believe I omitted HB 20 from the discussion yesterday. This bill is an attempt by Rep. Debbie Riddle, the early filing author of the immigration plan that reportedly camped out so she could file her bills early, to increase the offense of Burglary of a Motor Vehicle from a misdemeanor to a State Jail Felony. This is actually a reversion, as the offense was lowered from felony level under Governor Ann Richards and will, of course, put more pressure on a State Jail System that is under criticism for not living up to its promises. Yesterday, HB 221 was filed in by Rep. Fletcher to accomplish the same change.

Both the Senate and the House introduced bills yesterday that would tweak the sex offender registration requirements, a system that its advocates argue is beginning to lose its effectiveness due to overuse. SB 198 and HB 227 both relate to registration, with some give and take in each direction.

It will be interesting to see what comes out of today's session, but thus far we have seen an attempt to create a few new felonies and offenses. Changes to BMV law would create new felonies. The cell phone bills I discussed yesterday would create new traffic offenses. HB 47 creates an offense for possession of a spike strip or "tire deflation device." HB 25 adds "watercraft" or boats to the unlawful carrying of a weapon statute. Lastly, HB 41 makes it a felony for making a false report to a police officer when that false report involves a police officer committing a felony. I'm sure there will be more new crimes and new felonies to follow.