Video & Transcript Research : 'Article V'

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TX

Texas 89th Regular

Criminal Jurisprudence Apr 8th, 2025

Criminal Jurisprudence

Transcript Highlights:
  • The 2003 landmark Supreme Court decision, Lawrence v.
  • Despite the clear precedent that was set by Lawrence v.
  • And so it's been 22 years since Lawrence v. Texas came down. And I just thank you.
  • Article 7B has been there. In fact, Representative Cook authored a bill that amended it.
  • Notice, this bill doesn't have anything about knowledge or anything, but in Article 7B...
TX
Transcript Highlights:
  • I'm here to address Senate Bill 1497, a one-sentence amendment to Article 18. 0.0215 of the Code of Criminal
  • Article 18 requires a search warrant to access cellular phones or other wireless devices. devices, but
  • Supreme Court, have ruled in favor of the case. and the Eighth Court at United States v. de Leal have
  • It amends Chapter 38 of the Code of Criminal Procedure by adding Article 38. which provides definition
  • It was an article April of. 24 and it reported and researched across the United States the impact to
TX
Transcript Highlights:
  • to pay for these costs by adding tattoo removal to the list of eligible restitution expenses under Article
  • Senate Bill 1099 amends Chapter 42 of the Code of Criminal Procedure by adding Article 42.0.01992.
  • This new article establishes a requirement for the judge to make an affirmative finding of fact if it
  • This new section specifies that an affirmative finding under Article 42.0.01992 is made at the trial
  • As a result of this ambiguity, the Texas Court of Criminal Appeals in June 2024 held in State v.
TX
Transcript Highlights:
  • Meanwhile, the court of criminal proceedings reflects the nature of Article 3914, which is a discovery
  • article.
  • Senate Bill 1372 resolves this inconsistency by striking the defendant from the government code article
  • The article allowed the defendant's attorneys to access the crime laboratory portal to request any...
  • Code of Criminal Procedure Article 38.43, which is the article containing the evidence of biological
TX

Texas 89th Regular

Criminal Justice (Part II) Apr 8th, 2025

Criminal Justice

Transcript Highlights:
  • Meanwhile, the Code of Criminal Procedure, Article 39.14, which is the discovery article, says a pro
  • I was on conference for all these articles.
  • Code of Criminal Procedure Article 38.43, which is the article containing the evidence containing biological
  • Code of Criminal Procedure Article 38.43, which is the article containing the evidence containing biological
  • material, Which is the article containing the evidence containing biological material, requires the
Summary: The Senate Committee on Criminal Justice heard testimony on several bills dealing with criminal discovery, crime lab access, controlled substances, community supervision, interference with officers, oilfield theft, and copper theft. On SB 1124, witnesses split over whether the bill clarified discovery law after the Heath decision or rolled back the Michael Morton Act; opponents argued it narrowed disclosure and shifted responsibility away from prosecutors, while supporters said it restored balance, limited harsh sanctions, and preserved exculpatory-disclosure duties. The committee later voted 4-0 to report SB 1124 favorably and place it on the local and uncontested calendar. The committee also heard and later reported favorably SB 1372, which resolves a statutory conflict over access to the DPS crime lab portal, and SB 1936, which changes how LSD “abuse units” are defined for testing and charging purposes; both were sent to the local and uncontested calendar. SB 1937, which would require a subject-matter expert from the testing lab to participate in pretrial meetings in capital cases involving biological evidence, was also reported favorably and placed on the local and uncontested calendar. The committee then heard SB 552, which would make people defined in the bill as “illegal aliens” ineligible for judge-ordered or jury-recommended community supervision, including deferred adjudication. Supporters said the bill would prevent state-funded early release of people who entered or remained in the country unlawfully, while county officials and immigration advocates warned it would be overbroad, difficult to administer, and costly to local jails and taxpayers. Despite those concerns, the committee voted to report SB 552 favorably, and Senator Huffman requested it be taken to the floor. On SB 1208, which increases interference with a peace officer or public official from a Class B misdemeanor to a state jail felony, law enforcement witnesses said repeat “auditors” and similar actors were creating dangerous confrontations and needed stronger deterrence; opponents argued the bill would chill protected filming and protest activity. The committee voted to report SB 1208 favorably and place it on the local and uncontested calendar. The committee also took testimony on SB 1806, a committee substitute addressing oilfield theft and related crimes. Supporters from law enforcement and the oil and gas industry said organized theft of crude, equipment, and related materials is a growing problem and that the bill would strengthen penalties, allow seizure and sale of stolen product, and improve inspection and forensic tools. The committee substitute was adopted and the bill was reported favorably, with placement on the local and uncontested calendar. Finally, the committee heard SB 1646, which targets copper theft and fiber vandalism by increasing penalties, requiring reporting and recordkeeping for certain purchases, and adding training and enforcement tools. Telecommunications, law enforcement, and emergency-network witnesses supported the bill as necessary to protect 9-1-1 and critical infrastructure, while metal recyclers warned the bill could overregulate legitimate businesses and sweep too broadly. The committee later voted to report the committee substitute for SB 1646 favorably as well.
TX

Texas 89th Regular

Criminal Justice (Part I) Apr 8th, 2025

Criminal Justice

Transcript Highlights:
  • Senate Bill 1099 amends Chapter 42 of the Code of Criminal Procedure by adding Article 42.01992.
  • This new article establishes a requirement for the judge to make an affirmative finding of fact if it
  • This new section specifies that an affirmative finding under Article 42.01992 is made at the trial of
  • As a result of this ambiguity, the Texas Court of Criminal Appeals in June 2024 held in State v.
  • Any other provision of this article, the state shall disclose to the defendant any exculpatory evidence
Summary: The committee heard a series of criminal justice bills, beginning with SB 1870 and SB 1727, both of which were adopted as committee substitutes and reported favorably to the full Senate. SB 1870 would bar local governments from adopting policies that decriminalize controlled substances or direct officials not to enforce state drug laws, with civil penalties enforced by the Attorney General for violations. SB 1727 was described as a technical change to make the draft a formal Legislative Council version of a TDCJ-related assault bill; both bills were also sent to the local and uncontested calendar. The committee then took up SB 2405, the major Sunset bill for TDCJ, the Board of Pardons and Paroles, Windham School District, and the Correctional Managed Health Care Committee. Senator Parker explained that the bill continues and modernizes those agencies, requires a 10-year facilities and staffing plan, expands rehabilitation and reentry programming, improves parole-board consistency and training, and codifies various cleanup and inspector general recommendations. Sunset staff and agency witnesses discussed the bill’s data-sharing, program coordination, and projected savings from reducing delays in parole-voted programming; public witnesses generally supported the post-secondary education and reentry provisions, while some urged stronger statutory direction for Windham and more reform to medically recommended intensive supervision. The bill was left pending. SB 1804, SB 1099, SB 2569, and SB 2570 were also heard. SB 1804 would allow restitution for tattoo removal for human trafficking survivors and remove the age restriction so adult survivors can qualify; it was reported favorably and sent to the local calendar. SB 1099 would increase penalties for certain felony offenses when committed by a person determined to be unlawfully present in the country; immigration and civil rights witnesses opposed it as overbroad and difficult to administer, but it was reported favorably. SB 2569 would modernize unmanned aircraft reporting by requiring law enforcement agencies to post reports on public websites; it passed unanimously and was sent to the local calendar. SB 2570 would create a defense to prosecution for peace officers and correctional guards using less-lethal force weapons within the scope of their training; law enforcement witnesses supported it, civil rights and prosecutor witnesses raised concerns that it was too broad and could weaken existing use-of-force standards, and the bill was left pending for further work.
HI
Summary: The House Housing Committee heard testimony on a series of housing-related Senate bills. SB 2190 SD2 on inclusionary zoning drew support from HHFDC, Hawaii YIMBY, Grassroot Institute, Housing Hawaii’s Future, and Hako Seed Center, with opposition from OHA and Aloha Independent Living Hawaii. SB 2338 SD1, dealing with housing agency personnel authority, received comments from the Attorney General cautioning that the bill should be clarified to avoid conflicts with civil service and collective bargaining laws and recommending removal of a provision limiting employment contracts; HHFDC said its comments addressed those concerns and supported the measure. SB 2424 SD1, concerning HHFDC, received broad support from housing, business, and community groups, with one opposition. Testimony focused on changing the definition of “qualified resident” so people who already own an HHFDC-assisted unit could later purchase another if their housing needs change; HHFDC said the current rule forces people to sell before buying again and that the bill would help people move up the housing ladder and encourage more housing development. SB 2356 on parking also drew broad support from state agencies, housing advocates, business groups, and local officials, with Unite Here Local 5 in opposition. SB 2981 on land use had strong support from many organizations and 67 individuals, with Unite Here Local 5 opposing. SB 3028 SD2 on property conveyance generated the most detailed policy debate. Supporters, including Catholic Charities Hawaii, Hawaii Children’s Action Network, Indivisible Hawaii, and others, backed restructuring the conveyance tax into a marginal rate system and urged changes to revenue allocations, including dedicated funding for homeless services, DHHL, and the rental housing revolving fund. The Tax Foundation of Hawaii supported the marginal-rate concept but opposed dedicated special-fund allocations and criticized the bill’s blank sections. Committee members questioned the historical purpose of the conveyance tax, and the Tax Foundation explained it was originally a modest tax tied to property-value tracking when the state still ran the property tax system. The committee also heard SB 3187 SD2 on off-site construction, SB 2378 SD2 on housing permitting, and SB 2398 SD2 on residential housing utilities. OPSD supported SB 3187 but said it preferred the House version and wanted clarification that off-site certification should apply to factories in Hawaii, not out of state, to avoid outsourcing labor; it also suggested starting with a small scope. SB 2378 SD2 drew support from engineering, housing, and labor groups, with testimony that the House version included needed fixes to make the program insurable. On SB 2398 SD2, the Board of Water Supply opposed the bill, saying it could require disclosure of sensitive infrastructure information beyond ordinary water-availability assessments and raise critical-infrastructure and cybersecurity concerns; developers and housing groups supported the measure. No votes or final actions were taken in the portion of the hearing provided.
TX

Texas 89th Regular

89th Legislative Session Apr 2nd, 2025

Texas House Floor Meeting

Transcript Highlights:
  • Consideration of an individual amendment to be placed in Article 11. A.
  • The conclusion of consideration of amendments that are not to be placed in article 11.
  • Now, Article 11 is only in the budget. That's SB1.
  • Article 11, and Monday at 9 a.m. Please take your conversations outside the rail.
  • Article 9a a if the primary author of a pre-filed amendment wishes to move the amendment to article 9