Effective Solutions for the Texas Criminal Justice System

June 18, 2005, "Perry Vetoes Bills That Would Help Fix Texas' Broken Criminal Justice System," TCJC

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Perry Vetoes Bills That Would Help Fix Texas' Broken Criminal Justice System
 
Vetoes add to state budget crisis
 
Many organizations today condemned Governor Rick Perry’s decision to veto much-needed legislation that passed overwhelmingly from both chambers and was carried by Republicans and Democrats.
 
 “It is irresponsible and short sighted that the governor today decided to follow the lead of a few while ignoring changes recommended by both Republican and Democratic leadership that would benefit all Texans,” said Ana Yanez Correa, Southwest Legislative Liaison, League of United Latin American Citizens (LULAC).  “By vetoing House Bill 2193 in particular, Governor Perry has rejected a sensible and effective strategy to increase public safety while reducing criminal justice costs. During the session, Governor Perry said that the criminal justice system needed to be fixed, and now he has abandoned that duty.”
 
“Together the four major criminal justice bills vetoed today would have improved the integrity of the criminal justice system from the point of arrest through sentencing—ensuring that good cases hold up in court and offenders have incentives to successfully move out of the system,” said Vickie Randall, Executive Director of the Ministry Advisory Council. “The hundreds of ministers who came to the capitol in support of these bills will feel blatantly disregarded.”
 
“Governor Perry was absent throughout the debate on all of these bills, and only parachuted in during the final stages of the Senate hearing on HB 2193 with amendments from a single opponent,” said Ann del Llano, ACLU of Texas.
 
“Texas Monthly listed Senator Whitmire as one of the ‘Ten Best’ this session because of his criminal justice leadership, observing that ‘No law maker saved Texas taxpayers more money this session’. Perry should be on the ‘worst’ list for vetoing the key legislation that addressed Texas’ public safety problems,” said Will Harrell, Executive Director of ACLU of Texas.
 
A number of major statewide organizations support strengthening the criminal justice system including the Texas Public Policy Foundation, the Re-entry Roundtable, the Restorative Justice Ministries Network, the Ministry Advisory Council, the Texas League of United Latin American Citizens (LULAC), the Baptist General Convention of Texas, the Christian Life Commission and many more. Each of these bills was supported by a large number of groups.
 
“Thousands and thousands of Texans placed phone calls, wrote letters, and personally visited the Capitol in Austin this year to ask for improvements in the criminal justice system,” said Emmett Solomon, of the Restorative Justice Ministry Network. “Texans should be on notice that Perry listens and responds to a small number of individuals rather than the needs and the expressed views of Texas citizens and a majority of the Texas legislature.”
 
“HB 2193 was based on research showing how to reduce crime in Texas. Our government insists that evidence-based research be used to insure the safety of our food, drugs, cars and more. Why shouldn’t the same rules apply to criminal justice?” said Penny Rayfield, Chair of the Austin Travis County Re-entry Roundtable Planning Council. “Why can’t the government use the same level of research to protect us from crime as it requires to protect us from mad cow disease.”
 
The following bills were vetoed:
 
SB 1195—protected criminal cases made after police conduct consent searches at traffic stops by mandating that the driver’s consent be documented either in writing or on tape. [Author, Hinojosa; companion by Hupp, Dutton]
 
“This bill merely required police to inform drivers of their fourth amendment rights, so that when they consent to a search, the search is valid,” said Harrell. “The legislature reviewed this issue thoroughly, with information from many jurisdictions. There is no lack of information, but the Governor was not participating in the legislature’s consideration of this issue.”
 
HB 3152—prohibited prosecutors and judges from pressuring unrepresented defendants into proceeding without counsel, reducing the risk that warranted convictions might be overturned because they were illegally obtained. This bill was unopposed in both houses. [Escobar, Hodge, Ellis]
 
“The Governor says this bill would jeopardize convictions, but the fact is that current practices create the risk that guilty people will go free,” said Dominic Gonzales, Texas Criminal Justice Coalition. “All this bill required was an informed waiver of your constitutional right to counsel. By vetoing this bill, the Governor rejected the most reasonable solution to a major problem that creates uncertainty in the criminal justice system.”
 
HB 2193—holds accountable those offenders who deserve a more stringent approach to corrections while providing an efficient and less expensive way of handling those offenders who are not violent and hold the most promise of leading productive lives and taking responsibility for their families. [by Madden, Turner, Allen, Haggerty, McReynolds, Whitmire]
 
“Texas’ probation system is broken. Today 77,500 probation violators run free but our state has limited resources to go after them--that is not acceptable,” said Correa. “This bill would have fixed that.”
 
HB 1896—saves taxpayer money and creates incentive for personal responsibility, encouraging offenders to abide by the requirements of their supervision. [by Hodge, joint authors Madden, Allen, Haggerty; sponsored by Whitmire]
 
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The Texas Criminal Justice Coalition began in 1999 to bring affected communities and concerned organizations together to educate the public about the need for reform and make an impact at the State Legislature.

Available for interview:
 
Emmett Solomon, Restorative Justice Ministries Network (936) 291-2156
Vickie Randall, Ministry Advisory Council (713) 828-6748
Ann Del Llano, ACLU (512) 587-6438
Ana Yánez Correa, LULAC SW Legislative Liaison (512) 587-7010
Will Harrell, ACLU (512) 478-7300
Dominic Gonzales, TCJC (512) 791-1580
Penny Rayfield, Austin Travis County Re-entry Roundtable Planning Council (512) 825-9070

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