BILL ANALYSIS

H.B. 1088

By: Johnson, Ann

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Community supervision and corrections departments (CSCDs) are defended by the Office of the Attorney General for all suits against them, except for writs of habeas corpus in which a person under the CSCD supervision challenges the fact or duration of the supervision. When a county or district attorney refuses a habeas corpus case, the named individual bears the cost of counsel whose expertise is litigating those cases. Relying on individual CSCD employees to hire private counsel, who rarely practice in the public habeas docket, creates an ineffective and unjust system. H.B. 1088 seeks to address this issue by providing for the representation of a CSCD or its employees in cases in which a person under the supervision of the CSCD challenges the fact or duration of the supervision.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1088 amends the Government Code to replace the prohibition against the attorney general defending a community supervision and corrections department (CSCD) or its employees in a case in which a person who is under supervision challenges the fact or duration of the supervision with a requirement for the attorney general or an applicable district or county attorney to defend the CSCD or its employees in such a case. The bill authorizes the attorney general, at the request of a district or county attorney, to provide assistance to the district or county attorney in defending a CSCD or its employees in such a case and requires the attorney general to defend the CSCD or its employees if the district or county attorney is unable to do so.

H.B. 1088 applies only to a case that is initiated on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.