Friday, October 23, 2015


       It's tough as a criminal defense lawyer who defends the Constitution each and every day to understand how a legislature composed of legislators not versed in criminal law, can effectively come up with laws that affect the safety of every Texan.  Every Texan wishes to live in the security of their own home, free from the intrusion of not only criminals, but of the government as well.

       This legislative session was no different.  The legislature, devoid of people  of criminal law experience, passed yet additional set of laws that do not make us safe nor secure.

       Take for example, Penal Code Section 43.26: Possession or Promotion of Child Pornography.  Under the new revisions, primarily HB 2291, this change will actually lower the punishment range of repeat offenders who have been convicted of two prior offenses from 25-99 years (under the standard enhancements under Art. 12.42(d)), to 5-99 years under the controlling provisions of the new bill.  In other words, the inexperienced ones in the legislature have given us less potential punishment for those persons keeping and peddling child pornography.  What were they thinking.  From the Defense angle, it gives more flexibility.


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