Primary season coinciding with allergy season is one of those things that makes us agree “there really are no coincidences in Austin” (IYKYK).
New penalties for human smuggling
In its 3rd Special Session of 2023, the 88th Legislature passed SB 4, “relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties,” which amended 10 statutes in the Texas Penal Code and enacted one new statute, effective 2/6/24. The changes to those 11 statutes are included in the PDF posted under “Book Updates” in a blue box on the right side of our publications webpage. The changes will also be incorporated into the next edition of TDCAA’s code books in summer 2025, along with any other changes made in the 89th Session.
New illegal immigration crime still up in the air
As we reminded readers back in November, the Legislature passed two different immigration-related laws during their recent special sessions, both with the same bill number (SB 4). While the smuggling-enhancement version (see above) has taken effect and is now state law, the illegal-immigration-crime version that we told you about back in December is the subject of intense litigation in federal court right now. That SB 4 law is scheduled to take effect on Tuesday, March 5, 2024, but most observers expect the federal district court in the Western District of Texas to enjoin enforcement of some or all of that law before that date.
As with the punishment enhancements discussed above, TDCAA will post these other new changes to the CCP and Penal Code on our publications webpage before they take effect, but be sure to check your newsfeed of choice for the outcome of that federal litigation before enforcing those statutes.
Domestic Violence Resource Prosecutor
The Texas District and County Attorneys Association is pleased to announce the creation of a new position: Domestic Violence Resource Prosecutor (DVRP). Patterned after the successful Traffic Safety Resource Prosecutor position (which provides training and support for prosecutors handling intoxicated driving cases), the DVRP will be responsible for training and technical assistance to Texas prosecutors and law enforcement personnel around the state. For more information, see the job posting here.
Domestic Violence grants
The Department of Justice’s Office on Violence Against Women (OVW) just opened applications for federal grant funds under their new “Enhancing Investigation and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Initiative.” These three-year grants can be used to fund prosecutor, investigator, and VAC positions in those areas of prosecution, among other purposes. For more details, including upcoming deadlines, visit this webpage.
“Phone a friend,” lawyer-style
The Nueces County District Attorney’s Office is soliciting amicus curiae briefs in a case in which that office is seeking review before the Texas Supreme Court concerning confidentiality protections for the names of grand jurors. If you would be interested in filing an amicus brief in Granberry v. Paxton, please contact Asst. DA Doug Norman at [email protected] or (361) 888-0410.
Prosecutor elections
If you are curious to see which of your peers are on the ballot next week and/or later this year, you can find all that information online HERE. Don’t forget to let us know who wins in your local races! We will use that feedback to send a post-election summary next week.
Scattershooting
Some recent stories you might find interesting:
- “County won’t pay DA Bill Hicks’ legal fees in SB 4 lawsuit naming him as defendant” (El Paso Matters)
- “SCOTX Declines to Review Fort Worth Court of Appeals Decision Declaring Eight-Liners Unconstitutional” (Texas Civil Justice League blog)
- “Under Ken Paxton, Texas’ Elite Civil Medicaid Fraud Unit Is Falling Apart” (ProPublica)
- “Harris County’s 10 percent bail rule for violent charges upheld by appeals court” (Houston Chronicle)
- “Violent Offender Database now available on DPS website” (KXAN News)
- “Federal judge orders Caldwell County to hold bail hearings in public” (Texas Tribune)
- “New state law increasing sentences for human smuggling takes effect” (Texas Tribune)
Quotes of the Month
“This case has been pending longer than three out of four of my marriages lasted.”
—Dan Cogdell, criminal defense counsel for Attorney General Ken Paxton, explaining why his defense team (unsuccessfully) alleged a speedy trial violation in his client’s prosecution for state securities fraud violations.
“Everybody is in too damn of a hurry. There is no courtesy out here, everyone is trying to get somewhere faster than the first person.”
—Paul Rhoades, a retired trucker from Midland, on the dangers of driving in the Permian Basin, which a recent study shows to be twice as deadly as the rest of Texas.
“No one cares about rural Democrats until we f— up special elections.”
—David Logan, Democratic political consultant, commenting upon speculation that local Democratic voters carried a conservative Texas House candidate to victory over an even more conservative candidate in a Northeast Texas special election last month.
“I don’t know how the primary elections are going to go next month, but I feel comfortable saying that more bills will die in the 89th #txlege than in any previous session. Revenge bill killings will be at an all-time high … from all sides.”
—Derek Ryan, Republican political consultant, in a tweet from earlier this month after (Republican) Lt. Gov. Dan Patrick appeared in campaign ads supporting the (Republican) candidate challenging (Republican) House Speaker Dade Phelan in next month’s primary election.
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