BILL ANALYSIS

H.B. 1396

By: Workman

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties believe that a generally accepted canon of statutory construction that requires a criminal law to be interpreted in favor of a defendant subjected to the law should be codified, especially as it relates to criminal laws outside of the Penal Code. H.B. 1396 seeks to address this issue.

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. 1396 amends the Government Code to require a statute or rule that creates or defines a criminal offense or penalty, other than a criminal offense or penalty under the Penal Code, to be strictly construed against the government and construed in favor of the actor whose criminal responsibility is in issue if any part of the statute or rule is susceptible to more than one objectively reasonable interpretation, including an element of offense or the penalty to be imposed.

EFFECTIVE DATE

September 1, 2015.