Regular readers will recall that the 81st Legislature created 59 new felonies in 2009, according to the Parole Board's biennial "Offense Severity List," bringing the total number of separate felonious acts identified in Texas criminal law to 2,383. This comment string from an Atlantic Monthly blog reminded me of that fact and made me wonder, how many new felonies do you think Texas will create in 2011? Leave your guesses in the comments. Also let me know what if any new oyster-related felonies might be created. Currently Texas is at 11, and counting.
2,383 is already a large number of felonies. (I've quipped before that "When God sat down to author His list of forbidden acts ... He could only come up with ten.") You'd think at some point the Lege would run out of things to criminalize, but not a chance. Filed bills in both the House and Senate so far show there of lots of not-yet criminalized activities that legislators think should join the list and penalties they think should increase. If past is prologue, many will become law, mainly because the Legislative Budget Board will say in the fiscal notes that incarcerating more people won't cost extra money. It's not true, but it's a useful fiction that lets legislators look "tuff" without having to pony up money to pay for it. During a budget crunch would be an excellent time to change that practice, but don't bet on it: I'd be surprised if the Texas Legislature failed to top 2,400 total felonies next year, possibly surging substantially higher. There was already a longstanding bipartisan consensus for creating dozens of new felonies every session, and the infusion of new Republicans likely won't change that.
My initial guess at an Over/Under is 55 new felonies, and I'll go out on a limb and say there will be one new oyster-related crime created (possibly a sex crime). Tell me in the comments if you think they'll come in over or under 55 (as counted by the Board of Pardons and Paroles after the session is complete), and why.
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22 comments:
Prosecutorial misconduct will not be one of them. Whew! We're safe there!
I'm pretty sure one of those 2,383 felonies says that you cannot mention mollusk-related sex crimes without attribution to Monty Python:
http://www.youtube.com/watch?v=8R2zvE615dM
My prediction would be that after they go round the rotunda of creation that there will indeed be more than 55, I have no professional legal insight with which to rely, however in keeping with your biblical reference that was obviously surpassed long ago I would suggest this:
As you recall Moses went up the mountain.
Our leaders have a mountain of issues to climb as well concerning criminal justice albeit a self made one, (a mountain it is none the less), and as with all mountain climbing endeavors after much toil and perseverance to reach the top (as always) once the task is complete we look out and see that there are in fact more mountains!
And, in trying to be of help I would also suggest that instead of beginning their assent to the top once again only to discover the need for more climbing perhaps this time or maybe next since we are looking to scale down the mountainous budget they should start at the top of their mountain and work their way down (to ten).
I'm gonna say 60. No oyster stuff. The South Plains/Panhandle Tea Party contingent doesn't know from oysters. They will tend to criminalize sexual acts involving cotton candy, or something. I hope we are all wrong, and the lege concerns itself with the important stuff at hand. (No, not like having a big Speaker War). I mean like, I don't know, balancing the budget, while keeping a few services?
I favor a bill making it a felony to promote a bill making new felonies.
Under. First order of business will be Voter ID and immigration bills, especially if Straus gets ousted, meaning he session will grind to a halt.
Rage.
A lot of those immigration bills have criminal penalties, Rage, but I can see how, if you're predicting a complete meltdown, you might go under. Of course, they had a complete meltdown last session and we got 59! ;)
60 maybe as many as 70.
If we are really worried about the budget, why are we willing to pass immigration legislation that will cost a fortune to put in place and an even bigger fortune to defend from constitutional challenges? Is it responsible to pass legislation that has questionable legality and is SURE to incur legal challenges that will result in huge court costs and legal expenses?
As for the criminal penalties, lets be serious. 1) it's a joke to think that a B misdemeanor will make a difference to someone in choosing whether or not to illegally enter the country in the first place. 2) by adding a new criminal offense for this, we are adding a requirement for a right to trial by jury, court appointed counsel, expert assistance, jail costs, and court costs that cannot be recovered from an indigent defendant, which most are being here to work under the books to support dirt poor families, jobs they will lose once arrested.
Bad lawyering should certainly be a felony. The rest would take care of itself.
I think it will be in the range of 47-50 new felonies. As for the oysters - I think there may be one related to depriving someone of the right to a certain body of water or something to harvest the little buggers. Or perhaps to protect the endangered varieties of them or somethin' Regardless there is a lot of chatter about changing laws related to UUMV/vehicle theft that need to be looked at.
Time to boycott Texas?
Uh, 1:03, some of us live here!
The right-wing grinds onward. Fill the heads of the masses with trivial B.S. - "danger, danger" - so they don't have a clue what's really going on.
My guess is it will be closer to 23 (new felonies). They'll be busy cutting "big government" (minus the military-homeland-border security...) to chip away at the debt that the right-wing rung up.
Yep, I'm predicting an earlier and bigger meltdown. They may nave criminal penalties, but not if they don't get passed. The voters have spoken, after all...
I bet hotel owners just over the Red River are looking forward to this session.
Here's a law we won't get in Texas, I bet:
http://www.cnn.com/2010/HEALTH/11/19/male.circumcision.sf/index.html?hpt=C1
Rage
But will those committing sex offenses against oysters have to register like other sex offenders? Will there be additional protection for oysters under a certain age ("She looked over 2 years to me," said the twice convicted mussel-tustler at this week's trial which may lead to the State's first case of 'three-strikes and you're out' Life Without Parole for failing to control crustacean frustration") ....
There is a new sit com called Raising Hope that did a really funny spoof on the foolishness of the sex offender laws/policies. The episode is called Blue Dots. I’m sure there are people who are wound up so tight who think these laws/policies as currently implemented and the associated stigmatism are good and necessary. However I sure hope more awareness is brought to the public attention regarding the idiocracy that wraps these sex offender laws/policies. These sex offender laws/policies as currently implemented are one of the finest examples of how our legislators fake good intentions to protect the public have done more damage than good. I would like to see a serious overhaul of the sex offender laws/policies with a practical solution. On the other hand, I suppose I should just be happy that these sex offender laws/policies were not in effect when I was in college. I have a dream of a Texas where selfish politicians don’t pander to the uptight minority like Burleson’s dildo lady and we can all enjoy the right to life liberty and the pursuit of happy endings.
Sheldon
Sorry, but just as many new crimes come from the left wing as from the right. Human trafficking (Lon Burnham '03), changes to arson (Mario Gallegos), and hate crimes (Rodney Ellis? Royce West? Before my time) come to mind. Generally, you do not see a parade of prosecutors down there saying "pass more crimes." Usually, they are the ones that, if asked, will tell the Legislature "there's already something on the books" or "you may be mad about that but it just isn't that big a deal."
-Anonymous middle of the road prosecutor
"just as many new crimes come from the left wing as from the right"
More, IMO. I don't see this as a left-right issue at all.
Left wingers who want to keep their jobs--a lot of lefties lost their jobs on Nov. 2--have to have an occasional "tuff on crime" vote/bill in their resume. I agree that it is really not a left/right issue. Gov. Ann Richards initiated the prison building binge in Texas. And, if you build 'em you gotta fill 'em. That's one reason why it's so disappointing that TDCJ renewed a private prison contract for a prison in Dallas that just about everybody but TDCJ and CCA thought should be closed.
Rev. Charles in Tulia
I disagree, it is a right-wing issue. Any "leftie" politician who has to have "an occasional 'tuff on crime' vote/bill in their resume" is selling out. In the past election, especially so for Texans, people voted along party lines, not for the best candidate. Most people were clueless when they cast their vote. BTW (4:45 p.m.) I'd say human trafficking is a serious issue worthy of tough penalties.
Cost does not enter into the equation in Austin. It never has. 1-1-2 prisons. 2-3-8-3 felonies. Wait, maybe it has entered into the equation. Jeez!
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