Transcript Highlights:

• The prosecutor may, because the...
• The prosecutor may, because the witness isn't available or doesn't want to testify, the prosecutor may
• Public defenders, these are the prosecutors.
• Public defenders, these are the prosecutors.
• Chairman: it's the prosecutors that are in charge. The prosecutors need to be held accountable.

Keywords: 996, all

Transcript Highlights:

• I've asked the prosecutors to do that. I think... Mr.
• And the only lawyer there is the prosecutor.
• We have a nationwide prosecutor shortage.
• And they're like friends with the prosecutor.
• Why don't you just believe in the prosecutor?"

Bills: HB200

Keywords: HB 200, emergency communication, backup communications, satellite phone, portable satellite equipment, radio, floodplain, 100-year floodplain, FEMA, natural disaster, disaster preparedness, emergency preparedness, vulnerable populations, children, elderly, seniors, people with disabilities, care facilities, residential care, assisted living

Transcript Highlights:

• Under the current law, prosecutors have, as they stated, a duty to seek justice, which means they have
• Today, the prosecutors have to tell us who is the attorney on record.
• Today, the prosecutors have to tell us who is the attorney on record.
• Now, nobody said the prosecutor was acting in bad faith or knew about it before six days before.
• to impose a sanction of excluding the 911 call that the prosecutor had learned six days before.

Bills: SB552, SB1099, SB1124, SB1208, SB1372, SB1506, SB1667, SB1804, SB1806, SB1870, SB1936, SB1937, SB2180, SB2405, SB2569, SB2570, SB1646

Keywords: community supervision, criminal justice, illegal alien, deferred adjudication, Texas Code of Criminal Procedure, SB 1099, undocumented immigrant, unauthorized immigrant, immigration status, felony sentencing enhancement, criminal penalty increase, Texas Penal Code, Code of Criminal Procedure, affirmative finding, judgment finding, deportation, public safety, immigration enforcement, sentencing reform, felony offense

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.

Transcript Highlights:

• It should be considered by a jury, by prosecutors, and by a judge.
• I was one of the prosecutors involved, I was not the lead prosecutor.
• I have 20 years as a prosecutor. I am currently a felony court chief.
• That the prosecutor does not represent the victim.
• Prosecutors have expressed that under current law, the prosecutor must choose a specific date of an incident

Bills: SB251, SB608, SB487, SB535, SB761, SB955, SB957, SB958, SB988, SB990, SB1019, SB1021, SB1120

Keywords: criminal law, magistrates, Bell County, judicial authority, legal framework, evidence collection, sexual assault kits, reporting, law enforcement, transparency, confidentiality, victim protection, stalking, indecent assault, invasive visual recording, criminal justice, privacy rights, SB 535, Texas criminal procedure, rape shield

Transcript Highlights:

• I really was impressed with that where you work with the prosecutors.
• Yes, ma'am, and that's a continuing process with us working with our prosecutors.
• We met with our prosecutors. They stood with us.
• Ironically, that's kind of what started the conversation with the prosecutors.
• Ironically, that's kind of what started the conversation with the prosecutors.

Keywords: 1204, all

Transcript Highlights:

• We will now move on to the panel from our prosecutors.
• We will now move on to the panel from our prosecutors.
• It takes prosecutor time.
• Under the Rules of Professional Conduct, 3.8A, specific for prosecutors, it says that a prosecutor is
• So there are ethical obligations of a prosecutor to be proactive in that sense.

Summary: The committee held a work session on tort liability and parole, with the chair explaining that the topics were linked because criminal justice reform and state liability often intersect, especially in cases involving child welfare and corrections. Staff first outlined Washington’s tort liability framework, including the state’s broad waiver of sovereign immunity, statutes governing mandatory reporting and investigation of abuse, the childhood sexual abuse statute of limitations, and the lack of caps on non-economic damages. Staff and presenters also compared Washington to other states and noted that Washington remains among the broadest states for state liability and childhood sexual abuse claims. Presenters from the Attorney General’s office, Washington State Association for Justice, DCYF, DSHS, and DOC discussed how tort exposure has grown, especially in claims involving DCYF, historical child abuse, juvenile rehabilitation, vulnerable adults, employment discrimination, medical negligence, and negligent supervision. DCYF and AG staff said claims and payouts are rising, with many claims tied to older abuse and new theories of liability, while defense counsel emphasized the human harm behind the claims and argued that tort cases have historically driven accountability and reform. Agency witnesses said they face large volumes of old claims with limited records, rising verdicts and settlements, and staffing and systems challenges, and they highlighted efforts such as early resolution programs, electronic health records, medication-assisted treatment, and improved incident review processes. The committee then shifted to parole. Sentencing experts reviewed Washington’s move from indeterminate sentencing to the current determinate sentencing system under the Sentencing Reform Act, and explained how parole could be integrated with sentencing guidelines through different models used in other states. They also summarized Criminal Sentencing Task Force recommendations related to a determinate-plus approach for three-strikes and persistent offender laws and a second-chance review process, noting there was no consensus on those ideas. Judges from the Minority and Justice Commission and the Superior Court Judges Association said a parole system could support rehabilitation and reduce disparities if it includes data collection, fairness, transparency, due process, and meaningful judicial review; they also pointed to research suggesting parole and structured reentry can reduce recidivism and costs, while warning that access and outcomes can vary by geography and other factors.

Transcript Highlights:

• I've had one divorce in my life, and that was because a prosecutor said I will drop the bigamy charge
• I've had one divorce in my life, and that was because a prosecutor said I will drop the bigamy charge
• I've had one divorce in my life, and that was because a prosecutor said I will drop the bigamy charge
• I've had one divorce in my life, and that was because a prosecutor said I will drop the bigamy charge
• prosecutor prosecutor but<00:21:59.400> the<00:21:59.559> problem<00:21:59.799> is<

Keywords: 958, all

Summary: The House Judiciary Committee met for its first meeting, established a quorum, welcomed new members and guests, and announced that committee rules would be sent out later. The committee then took up House Bill 38, sponsored by Representative Tipton, which would increase the penalty for repeated violations of an order of protection. Under the committee substitute, a third violation of the same protective order could be charged as a Class D felony instead of a Class A misdemeanor. The substitute was adopted by voice vote. Representative Tipton said the bill was prompted by a constituent’s experience with repeated abuse and violations of protective orders, and he argued the change was needed to better protect the public. Maryanne Pratt testified in support of the bill, describing a long history of domestic violence, repeated violations of protective orders, stalking through calls and social media, and her fear for her safety. Several members expressed support and praised her courage. Questions focused on whether the bill would cover social media contact and on the committee substitute’s language requiring the same victim and same order. Representative Burke raised concern that the same-victim language could allow an abuser to victimize multiple partners without triggering the felony provision. Tipton said the original bill was broader, that the change was added because of concerns about reverse protective orders, and that the issue might be revisited in the Senate. Scott West, speaking for the Kentucky Association of Criminal Defense Lawyers, said the bill addressed some concerns but warned that the third-offense trigger could be based on technical contempt findings rather than violent conduct, and he noted that stalking already can be charged as a felony in some cases. The discussion continued on those concerns, but no final action on the bill beyond adoption of the committee substitute was taken in the portion provided.

Transcript Highlights:

• Yes, it provides great discretion for the prosecutor.
• Prosecutors control the narrative in these grand jury rooms. I was a former felony prosecutor.
• that the prosecutors did not give to the grand jurors.
• We have a nationwide prosecutor shortage.
• Why don't you just believe the prosecutor?"

Bills: HB285, HB795, HB1795, HB1871, HB2407, HB2461, HB2695, HB3507, HB4911, HB200

Keywords: animal cruelty, nonlivestock, prosecution, veterinary defense, animal welfare, aggravated assault, penal code, public servant, deadly weapon, mass shooting, Penal Code, penalties, felony, Texas Penal Code, felony enhancement, first-degree felony, second-degree felony, violent crime, assault punishment, serious bodily injury

Transcript Highlights:

• Essentially, a constitutional prosecutor would probably already prosecute under Wyoming statute 9-14-
• Essentially, a constitutional prosecutor would probably already prosecute under Wyoming statute 9-14-
• Essentially, a constitutional prosecutor would probably already prosecute under Wyoming statute 9-14-
• Essentially, a constitutional prosecutor would probably already prosecute under Wyoming statute 9-14-
• a constitutional prosecutor would a constitutional prosecutor would probably<00:21:48.960> already

Bills: SF0069, SF0084, SF0050, SF0109, HB0069, HB0098

Keywords: wastewater, stormwater, infrastructure, environmental quality, public data, data collection, funding, study, water conservation, Colorado River, drought, irrigation, water rights, voluntary program, interstate agreements, groundwater, water resource management, state engineer, aquifer study, corrective controls

Transcript Highlights:

• go, "Eh, why a lot of the prosecutors go, "Eh, why would<00:29:16.120> we<00:29:16.240> do
• The prosecutors who prosecute these cases, I would like to hear from them as to whether this would be
• , prosecutors, prosecutors, I<00:33:25.800> would<00:33:25.960> have<00:33:26.320> been
• :31.880> these the prosecutors who prosecute these the prosecutors who prosecute these cases,<
• ,<00:44:39.760> I that um you run by the prosecutors, I that um you run by the prosecutors

Keywords: 1189, house, all

Transcript Highlights:

• Under the current law, prosecutors have, as they stated, a duty to seek justice, which means they have
• Last week, the prosecutor was unaware that on the body cams, the officers say to one another, "I hope
• The requirement for a written notice of discovery by the defense to the prosecutor can still work with
• Today, the prosecutors have to tell... us who is the attorney on record.
• A prosecutor made a mistake and decided that it was not relevant.

Bills: SB552, SB1099, SB1124, SB1208, SB1372, SB1506, SB1667, SB1804, SB1806, SB1870, SB1936, SB1937, SB2180, SB2405, SB2569, SB2570, SB1646

Keywords: community supervision, criminal justice, illegal alien, deferred adjudication, Texas Code of Criminal Procedure, SB 1099, undocumented immigrant, unauthorized immigrant, immigration status, felony sentencing enhancement, criminal penalty increase, Texas Penal Code, Code of Criminal Procedure, affirmative finding, judgment finding, deportation, public safety, immigration enforcement, sentencing reform, felony offense

Transcript Highlights:

• experien as of 14 years as a prosecutor experien as of 14 years as a prosecutor the<00:04:23.520
• bill would give a toolbox to prosecutors bill would give a toolbox to prosecutors and<00:08:26.879
• as well those are elected prosecutors as well those are elected prosecutors<00:09:09.959> and
• that<00:09:21.040> prosecutor<00:09:21.480> is plea offer and that prosecutor is plea
• couple um judges and and prosecutors couple um judges and and prosecutors from<00:13:49.560>

Keywords: Meeting Start: 00:00:00 Roll Call: 00:00:03 HB 220: 00:01:49 Discussion in Opposition to HB 220: 00:14:37 HB 136: 00:28:21 HB 201: 00:34:14, 958, all

Summary: The House Judiciary Committee met with a full roll call and first took up House Bill 220, which would strengthen Kentucky DUI penalties. The sponsor and a Commonwealth’s attorney testified that the bill would make a third DUI within 10 years a felony, while keeping first- and second-offense penalties the same, and that the committee substitute also adds escalating fines for under-21 DUI offenses and aligns interlock requirements. Supporters argued the change is needed to protect families and respond to repeat impaired driving, citing a fatal case involving a young victim and a repeat offender with a high blood alcohol level and prior DUI convictions. Members asked about treatment, sentencing, and drafting details. The sponsor explained that the existing mandatory substance-abuse treatment requirement for fourth-or-greater offenses would apply to third-or-greater offenses under the substitute, and that a 120-day minimum remains in place. Questions were also raised about removing redundant statutory language and about whether felony treatment could sometimes result in less actual jail time than a misdemeanor; the sponsor and prosecutor said such cases are rare and that the bill gives prosecutors and juries more tools. Representative Blanton supported the bill but noted it does not address fentanyl, and the sponsor said he has a separate bill for that issue. Opposition testimony came from Scott West of the Kentucky Association of Criminal Defense Lawyers, who said he supported tougher DUI enforcement but opposed felonyizing the third offense. He argued that the current system already imposes mandatory jail and treatment, that felony cases often resolve through plea bargains with parole eligibility that may not increase actual time served, and that the better approach would be stronger mandatory counseling, longer license suspensions, and ignition interlock requirements rather than felony status. After discussion, the committee adopted the committee substitute and passed HB 220 favorably by a 19-0 vote. The committee then began House Bill 136, which would require the Department of Corrections to compile and submit annual reports to the General Assembly on corrections and parole outcomes, including time served and supervision data. The sponsor and a witness from the Georgia Center for Opportunity said the bill is intended to improve transparency and give lawmakers better data for policy decisions. Members voiced support for better post-release data and asked whether DOC could implement the reporting; the witness said DOC had not expressed concerns and already submits some reports. Discussion on HB 136 was underway when the transcript ended.

Transcript Highlights:

• Baby prosecutors are not as good as felony prosecutors.
• Baby prosecutors are not as good as felony prosecutors.
• Prosecutor and started in 2002 in Brazos County.
• And that is so important for prosecutors, I can speak as an elected prosecutor.
• And that is so important for prosecutors, I can speak as an elected prosecutor.

Bills: HB40

Keywords: law enforcement, sheriffs, constables, contracts, county authority

Summary: The Committee on Judiciary and Civil Jurisprudence met to hear House Bill 1761, a broad judicial package focused on increasing judicial compensation and adding accountability and efficiency measures. The chair explained that HB 1707 and HB 2100 were withdrawn from the agenda, and that HB 1761 would be taken up first because many judges and stakeholders were present. The committee substitute for HB 1761 proposed a 30% increase in base judicial pay to $182,000, changes to judicial retirement linkage, stronger judicial conduct provisions, and efficiency measures such as targeted reporting for judges not meeting benchmarks, appellate in-person meeting encouragement, and time limits on certain motions. The chair and several supporters said judicial pay had reached “emergency status,” citing Texas’s low national ranking and difficulty recruiting and retaining qualified judges. Witnesses in support included presiding and district judges, the State Bar’s judicial section, business and trial lawyer groups, and prosecutors. They emphasized that many judges work long hours off the bench, handle warrants at night and on weekends, manage heavy dockets, and face recruitment problems in both urban and rural counties. Supporters also said higher pay would help attract experienced lawyers, retain judges, and improve court efficiency. Several witnesses and members discussed judicial accountability, including public reporting of court performance and the role of the Texas Supreme Court and presiding judges in setting benchmarks. Some members raised concerns that raw statistics can be misleading because judges also do substantial off-the-bench work and often help cover other courts’ dockets. There was also testimony and discussion about the bill’s conduct and discipline provisions. A representative of the Texas Civil Rights Project opposed parts of the bill that would tie pay raises to changes affecting judicial independence, warning about subjective bail-related discipline standards and possible chilling effects. The executive director of the State Commission on Judicial Conduct cautioned against civil penalties for complainants, saying it could discourage good-faith complaints and create litigation risks. Other witnesses supported accountability reforms but urged caution about unintended consequences, especially for family and emergency cases and for judges handling warrants and other time-sensitive matters. After testimony, the committee withdrew the committee substitute and left HB 1761 pending, then recessed the committee.

Transcript Highlights:

• I'm a prosecutor with the Human Trafficking Division at the Texas Attorney General.
• But it would like the prosecutors that are here as invited testimony.
• But again, the prosecutors can address those specific issues and give you examples of that.
• I don't think it impacts it, but again we'll ask the prosecutors.
• They're not prosecutors. They're busy handling digital evidence.

Bills: SB552, SB1099, SB1124, SB1208, SB1372, SB1506, SB1667, SB1804, SB1806, SB1870, SB1936, SB1937, SB2180, SB2405, SB2569, SB2570, SB1646

Keywords: community supervision, criminal justice, illegal alien, deferred adjudication, Texas Code of Criminal Procedure, SB 1099, undocumented immigrant, unauthorized immigrant, immigration status, felony sentencing enhancement, criminal penalty increase, Texas Penal Code, Code of Criminal Procedure, affirmative finding, judgment finding, deportation, public safety, immigration enforcement, sentencing reform, felony offense

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.

Transcript Highlights:

• , to ask every single county prosecutor, to ask every single county prosecutor, wouldn't<00:10:11.519
• Now, I have perfect confidence in our prosecutors that nobody's going to charge this crime. As Mr.
• Now, I have perfect confidence in our prosecutors that nobody's going to charge this crime. As Mr.
• Now, I have perfect confidence in our prosecutors that nobody's going to charge this crime. As Mr.
• Now, I have perfect confidence in our prosecutors that nobody's going to charge this crime. As Mr.

Bills: SF0007, SF0008, SF0009, SF0010

Keywords: theft, penalties, larceny, criminal offense, felony, Wyoming, absconding, law enforcement, criminal justice, fentanyl, controlled substances, minors, drug distribution, enhanced penalties, mental health, detention, competency evaluation, treatment, contractual agreements, 916

Transcript Highlights:

• only available prosecutor retired or had an illness.
• I would add it's also not terribly robust for prosecutors.
• Because prosecutors have the police, right? Prosecutors have access to...
• Because prosecutors have the police, right?
• Not 10 prosecutors, but 10 people or less. By contrast, my office has 60 prosecutors.

Keywords: 1184, house, all

Transcript Highlights:

• So, we wanted to do prosecutors, we wanted to do public defenders.
• And the prosecutors prosecuting for truancy when they're at home.
• And the prosecutors prosecuting for truancy when they're at home.
• And the prosecutors prosecuting for truancy when they're at home.
• And the prosecutors prosecuting for truancy when they're at home.

Keywords: 958, all

Transcript Highlights:

• , specifically only women prosecutors.
• , specifically only women prosecutors.
• Prosecutors and victims are also part of this process.
• He was first appointed in 2022 and previously served as a federal prosecutor for the U.S.
• He's dismissive of prosecutors, but only female prosecutors.

Keywords: 987, senate, all

Summary: The Senate opened with a quorum, prayer, the Pledge of Allegiance, and several floor recognitions, including a birthday acknowledgment for Senator Archuleta and introductions of former Senator George Runner and a Portuguese delegation tied to ACR 185 recognizing Portuguese Heritage Month. The body then approved the Senate journals and moved to confirmations of five Board of Parole Hearings appointees: William Muniz, Michael Ruff, Rosalind Sargent Burns, Mary Thornton, and Jack Weiss. Each confirmation drew extended debate centered on parole decisions, public safety, transparency, and the Board’s handling of elderly parole and sexually violent predator cases. Supporters argued the commissioners were applying existing law, using evidence-based risk assessments, and were not the decision-makers in the controversial cases cited. Opponents criticized the board for releasing dangerous offenders, questioned the commissioners’ judgment, and objected to the board’s closed-door in-bank votes. Roll calls followed each item, and all five appointees were confirmed, with vote totals including 25-9, 24-9, 24-9, 25-9, and 29-9. The Senate then took up Senate Concurrent Resolution 179 by Senator Niello, recognizing May as Celiac Disease Awareness Month. The resolution described celiac disease as a serious autoimmune disorder, highlighted symptoms and challenges with gluten exposure, and emphasized the need for awareness, labeling, and education. SCR 179 passed unanimously, 31-0. The session concluded with committee announcements and several adjournments in memory, including tributes to Marty Arnold, Jim McAulian, and Pat Gagoscos, followed by remarks from the President pro tempore about ongoing bipartisan legislation to improve transparency and public safety in parole decisions before adjournment until June 4, 2026.

Transcript Highlights:

• They're planning on hiring another 65 prosecutors in the next 12 months.
• But I have prosecutors with $300,000 in student much.
• prosecutors.
• I happen to have the prosecutor the year who works for me MS Kappelman.
• as a prosecutor?

Transcript Highlights:

• So we have consulted with prosecutors who handle these types of cases routinely some of which you will
• I guess having practiced law both as a prosecutor and criminal defense lawyer, I can see where or other
• for a $50 bag of diapers. answer this is as the chair laid out, Texas prosecutors have discretion.
• Number two, if that Texas prosecutor did to file it.
• It's been left to discretion typically these prosecutors, right?

Bills: SB1281, SB1300, SB1379, SB1451, SB1497, SB1498, SB1499

Keywords: mail theft, postal theft, package theft, identity theft, negotiable instrument, check theft, mail receptacle key, mailbox lock, postal key, delivery service, courier, USPS, United States Postal Service, fraud, property crime, elderly victims, disabled victims, identity information, rebuttable presumption, felony enhancement