BILL ANALYSIS

H.B. 268

By: Lozano

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the venue in which certain cases involving retaliation offenses are prosecuted. H.B. 268 seeks to address these concerns by allowing for that venue to be in any county in which the retaliation occurred or the threat to do harm originated or was received.

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. 268 amends the Code of Criminal Procedure to authorize the prosecution of a retaliation offense in which the actor intentionally or knowingly harms or threatens to harm another by an unlawful act in retaliation for or on account of the service or status of another as a public servant, witness, prospective witness, or informant, or as a person who has reported or who the actor knows intends to report the occurrence of a crime, in any county in which the harm occurs or the threat to do harm originated or was received.

EFFECTIVE DATE

September 1, 2017.