Texas lawmakers are pushing harsher criminal penalties while prison and jail populations soar

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Texas lawmakers are pushing more than 100 bills to clamp down on crime, threatening to overcrowd the state’s jails and prisons whose populations have continued to grow after dipping significantly during the pandemic.

Lawmakers have proposed at least 121 bills that seek to increase criminal penalties by either creating mandatory minimum sentences or by elevating punishment, according to the Texas District and County Attorneys Association. That nonprofit organization has also tracked 90 bills that would create new felonies and 96 bills that would create new misdemeanors.

Those figures only include bills filed through Monday and are expected to increase once they account for the hundreds of bills lawmakers have filed this week in advance of Friday’s bill filing deadline. Still, the estimates show the state’s growing push towards more punishment.

“Ever since 2015 there has been a pretty steady, incremental growth in the number of crimes [lawmakers] create every session,” said Shannon Edmonds, president of the Texas District and County Attorneys Association. That growth signals a “return to the law and order sentiment of previous decades,” he added.

Proposals include bills to crack down on organized retail theft, impose prison time on people who burglarize vehicles more than once and ban the possession of AI-generated child pornography.

Some proposals would provide local law enforcement officers with more tools to crack down on threats from new technology, including artificial intelligence, while other legislation would do little to deter crime and could strain the state’s already overwrought prisons and jails, experts said.

Texas’ prison population is projected to increase by about 10% over the next five years, according to the Legislative Budget Board, and the Texas Department of Criminal Justice continues to contend with a staffing shortage.

County jails’ population is also increasing. As of February, their population was about 2.5% higher than the same time last year, according to data collected by the Texas Commission on Jail Standards.

Some facilities are so short staffed that inmates are sent out of state to Mississippi and Louisiana. About 4,100 Texas jail inmates were housed outside their county of arrest, as of February, according to commission data.

“It’s important to take into account the costs these bills bear on county jails because many of them are already stretched very thin,” said Marc Levin, chief policy counsel at the nonpartisan think tank Council on Criminal Justice “If you raise things within the misdemeanor level, to a Class A misdemeanor instead of a Class B misdemeanor… you’re going to have more people sitting in county jail.”

Class A misdemeanors are punishable by up to one year in jail while Class B misdemeanors carry up to 180 days in jail. People convicted of felonies are usually held in state prisons, which currently house about 136,000 offenders.

Texas’ prison population decreased during the coronavirus pandemic to lows of about 117,000 people in January 2021. The number of people in state prisons has since grown, contributing to about 31% of the nationwide growth in the prison population over 2022 and 2023, according to a report published this week by the Prison Policy Initiative.

Session after session, Texas lawmakers introduce a slew of bills that increase criminal penalties, often in response to concerns from the public about crimes they have witnessed in their communities. It hasn’t always been that way. The late aughts saw efforts to reduce the state’s prison population by reducing sentences and diverting people away from incarceration. They fizzled around 2015, and since then, the number of new crimes that lawmakers create each session has increased, Edmonds said.In 2023, lawmakers created 58 new criminal offenses and 26 new punishments, a number higher than any of the legislative sessions over the previous 10 years, according to the prosecutors association.

This year, a handful of bills creating criminal enhancements or new crimes are in response to Lt. Gov. Dan Patrick’s interim charges. At Patrick’s behest, the Senate Criminal Justice Committee studied the effects of organized retail crime — where a network of thieves steal large quantities of merchandise that they sell for cash, a growing concern nationally — and also identified ways to strengthen financial crime investigations.

Senate Bill 1300, filed by Sen. Pete Flores, R-Pleasanton, aims to address the $422 million in stolen goods and approximately $21 million in sales tax revenue Texas lost to organized retail crime in 2022.

The bill would increase the penalty for such crimes, based on the value of property stolen. Current law designates organized retail theft as a Class C misdemeanor — which does not allow for jail time — when the property taken is worth less than $100. The bill would increase that to a Class B misdemeanor. As the value of property stolen increases, the punishment would rise, up to a first degree felony punishable by life in prison if the total value of goods stolen exceeds $300,000.

The committee advanced the bill to the full Senate this week, even though Sen. Borris Miles, D-Houston, expressed concern that the bill would allow prosecutors to incarcerate impoverished families. A husband-wife couple in poverty could face jail time for stealing formula for their baby, even though the bill seeks to target organized retail theft rings, he asserted to lawmakers. Flores countered that prosecutors need discretion to determine whether to press charges.

Three other bills approved by the Senate Criminal Justice Committee this week target bank and credit card fraud, which bank executives said are occuring at alarming rates. And a bill by Sen. Tan Parker, R-Flower Mound, creates a specific offense for stealing mail receptacle keys or locks, with stronger penalties for those who target elderly communities.

Other bills address auto theft, an issue Bexar County Sheriff Javier Salazar told lawmakers has hit San Antonio particularly hard.

House Bill 727 heightens the punishment for burglarizing a vehicle when the person carrying it out has a firearm, burglarizes two or more vehicles, or uses a stolen vehicle to carry out the offense. Such crimes would be designated a state jail felony, which could lead to 180 days to two years in state jail. The bill was left pending in committee this week. Also discussed — but left pending in committee — was House Bill 548, which establishes a mandatory minimum of a year in confinement for a second auto burglary offense.

But property crimes are difficult to solve and increasing the punishment would not result in more car burglary cases getting solved, said Staley Heatly, county attorney in Wilbarger County. “It doesn’t necessarily seem like an effective tool to stop burglaries from happening,” Heatly said. “They’re difficult because people leave their cars unlocked, somebody comes by at night and rifles through the car and takes what they can. There’s going to be no witnesses, so they’re just exceedingly difficult to solve.”

Critics who spoke against the bill said burglaries are often carried out by youth who would not be deterred by an increased penalty.

Research shows that juvenile incarceration rarely produces positive results and that investing in intensive juvenile probation programs would be more successful, Levin said.

That argument was echoed during discussion of House Bill 268, which would increase the criminal penalty for making certain false reports, such as hoax calls threatening a call for mass violence against schools.

“I’m struggling with penalizing stuff for dumb stuff,” Rep. Jolanda Jones, D-Houston, said during the House Criminal Jurisprudence Committee hearing. “Next thing you know, they can’t get a scholarship or can’t go to college.”

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