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June 17, 2005, Dallas Morning News, "Probation change among Perry vetoes"

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Probation change among Perry vetoes

By DAVE MICHAELS
 
AUSTIN – Gov. Rick Perry vetoed 19 bills Friday, including changes to the state's probation system that the governor said would have endangered public safety by reducing supervision of some criminals.
 
Mr. Perry's veto angered some lawmakers, who argue the bill would have enhanced supervision of the worst criminals while lowering probation terms for only one class of felony offenders. The House and Senate overwhelmingly approved the measure, while knowing that influential district attorneys opposed the changes.
 
Mr. Perry cited prosecutorial opposition in his veto proclamation, which called the probation overhaul "a flawed piece of legislation."
 
Offenders convicted of kidnapping, injury to a child and other third-degree felonies would have been eligible to leave probation after five years. If a judge did not release an eligible offender after five years, the judge would have to review the case annually.
 
The maximum probation term will remain 10 years.
 
Sen. John Whitmire, D-Houston, said Mr. Perry vetoed the bill for purely political reasons – to appear tough on crime. Texas' expensive prison system is nearing full capacity and will require additional space in two years.
 
"It was a huge mistake and will prevent us from being tougher on probationers who need more supervision," said Mr. Whitmire, chairman of the Senate Criminal Justice Committee.
 
Other Perry vetoes included:
 
•A bill that would have required police officers to obtain written permission from a driver before searching their vehicle. Mr. Perry said it was unclear if the new requirement would "place too onerous a burden on law enforcement."
 
•A bill that would have required certain counties and cities to hold elections to legalize mixed-drink sales at restaurants. Current law allows local residents to initiate elections by gathering signatures for a petition. Mr. Perry said the new law would have deprived residents of local control.
 

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