By Tillery H.B. No. 2458
74R7147 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring the Criminal Justice Policy Council to
1-3 prepare a report on the effectiveness of caning as a punishment for
1-4 criminal conduct.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 413, Government Code, is amended by
1-7 adding Section 413.017 to read as follows:
1-8 Sec. 413.017. REPORT ON CANING AS PUNISHMENT. Before
1-9 January 1, 1997, the policy council shall prepare a study on and
1-10 report to the legislature about the use of caning as a punishment
1-11 for defendants convicted of criminal offenses. The report must
1-12 include information about:
1-13 (1) the number of foreign jurisdictions that use
1-14 caning as punishment for criminal conduct and the names of those
1-15 jurisdictions;
1-16 (2) the offenses for which caning is a punishment in
1-17 foreign jurisdictions;
1-18 (3) whether caning is the sole punishment option for
1-19 an offense or caning is one among several options for punishment;
1-20 (4) whether the agreement of the defendant is a
1-21 necessity before using caning as punishment;
1-22 (5) whether caning is reserved for use on juvenile
1-23 offenders or is used on offenders of all ages;
1-24 (6) the medical consequences of caning; and
2-1 (7) the effect of caning as punishment on recidivism
2-2 for specific offenses, if the information is available.
2-3 SECTION 2. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force from and after its
2-9 passage, and it is so enacted.