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By By Mike Ward
AMERICAN-STATESMAN STAFF
Thursday, February 22, 2007
Tougher punishment for auto burglars, an issue that triggered a criminal-justice fire fight among lawmakers two years
ago, is back for another round.
And the Senate veteran who resisted the so-called enhancements before is now carrying the bill.
"Yeah, I know," said state Sen. John Whitmire, D-Houston, shaking his head when asked about his new stance.
"I'm calling this the Whitmire Gets Tough on Auto Burglars Once and For All Bill. This is the boutique crime of the
last two sessions that everyone is concerned about.
"I am committed to preventing auto burglary. Increased law enforcement coupled with prevention and harsher punishment
can reduce the instances of auto burglaries," he added.
Although auto burglars now can serve up to one year in county jail, due to plea bargaining they usually receive only a
90-day term of confinement for auto burglary, according to Whitmire.
Under Senate Bill 807, filed today, convicted auto burglars will be required to serve a minimum term of six months in
county jail or one year probation on their second offense. After a third offense, the punishment will be enhanced to a state
jail felony.
The measure would also rename the Texas Auto Theft Commission the Texas Auto Theft and Burglary Prevention Authority.
Currently funded by a $1 fee on the renewal of automobile insurance and a state appropriation to fight auto theft, the bill
would provide additional money for educational programs on auto burglary and theft.
"Prevention is a key element in decreasing the number of automobile burglary and theft incidents in this state,"
he said. "We must educate the public that the risk of auto burglary increases when you leave valuables in the car."
During the 2005 legislative session, more than a dozen bills and amendments were filed to increase prison time for auto
burglars. It was part of a push for enhancements of a number of penalties, a staple of legislative sessions in recent years
as lawmakers tried to portray themselves as tough on crime.
But Whitmire, adamant about not stuffing more and more people into state prisons that were almost full, blocked the consideration
of crime bills that included enhancements. As chairman of the Senate Criminal Justice Committee that oversees corrections
programs, he has the authority to do that.
The move enraged many lawmakers, especially over the auto burglary enhancements. Prosecutors and police groups who had
lobbied for the change were livid, as well.
Some lawmakers later contended that irritation with Whitmire figured in the veto later by Gov. Rick Perry of a probation
reform bill that he championed. Perry aides denied that.
"Auto burglaries in most areas are largely driven by drug users," he said. "In some commercial areas, it's
a result of reduced police protection. The fact is, tougher laws are no deterrent. The bad guys are not considering the consequence
of their actions before they break into a car. It is driven by a crack cocaine dope habit."
"I would suggest we're already tough on auto burglars," Whitmire said.
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