The Republican Party of Texas convention approved a number of criminal justice reforms for the party platform:
- The GOP platform calls for no Class C misdemeanor arrests except to prevent violence.
- It requires a criminal conviction before any asset forfeiture.
- It calls for the elimination of red-light cameras and other photo-enforcement systems
- It called on the legislature to raise the age of adult criminal culpability from 17 to 18.
- It called for an end to “the incarceration of individuals because they cannot pay tickets, fines, and fees for Class C misdemeanors, including traffic citations.”
- It calls for the immediate restoration of the “driver licenses of the citizens whose licenses were suspended by the Driver Responsibility Program and to cancel their debt.”
- It calls for crime labs to be sufficiently funded to reduce rape-kit processing times to 90 days.
- It calls for the Legislature to require a warrant for the government to access cell-phone location data.
- It calls for reducing penalties for low-level marijuana possession from a Class B misdemeanor to a civil fine.
- It calls on Congress to remove cannabis from the list of Schedule 1 drugs.
- It calls for “doctors to determine the appropriate use of cannabis for certified patients.” (In California doctors have determined that pot is a proper prescription for baldness, ingrown toenails, erectile dysfunction and just about any other kind of complaint.)
- It calls on the Legislature to fully fund indigent criminal defense.
One would have to think that some of these planks were written by Democrats, not by Republicans. And it sure looks like the Texas Republican Party is moving toward the legalization of pot.
(Note: Click here to view the 2018 Republican Party of Texas platform approved at the 2018 convention.)
The Driver Responsibility Surcharge program has nothing to do with Marijuana. It is a fundraising scam that is unconstitutional on a multitude of levels. It hurts our economy, and has ruined millions of lives. Please do research before you make assumptions!
Please read this post more carefully before you make assumptions. I listed the criminal justice reforms in the GOP platform, including those related to marijuana. Where do I say that the DRP has anything to do with pot?
Tamara, I don’t think Mr. Katz ever said Marijuana had anything to do with the Surcharge Program. However, if you do think it is unconstitutional please let me know on what levels. I am in a very unique position to take that bad boy up. Unfortunately since driving is a privilege and not a right I am believe the current status of the law would allow the State of Texas to attach what ever rules they feel like to the privilege of having a drivers license.
Hi Paul!
I have ton extensive research for over a decade on every aspect of this program -Trauma care funding and all!
The main Constitutional issues are in fact double jeopardy and due process. In Drake vs. Texas, the TX Supreme Court took on the notion that the surcharge was so aggregious as that it could be rendered a punitive recourse -aka- double punishment without due process, but the court ruled against the plaintiff.
There are however cases that provide the criteria that allow measurement of punitivity. This is just one area… Issues involving taxation placed on an arbitrary population when the money goes to the state GF is also an issue.
This program was part of 2003’s HB3588 and was meant to fund the Trans Texas Corridor.
Passing a bad bill with ‘good intentions’ is the epitome of how our local, state and federal government operate, and is honestly antithetical to the very idea of America itself.
There is nothing worse than not being able to recognize when wrongdoings occur, or in this case realizing the problem and doing nothing to fix it – especially under the guise of party affiliation.
The headline is clickbait; sad to see Big Jolly allow such junk journalism.
How do you possibly lump all of these conservative platform positions that will help citizens of Texas break free of punitive and over-reaching state programs, like the Driver Responsibility Program and red-light cameras, with ‘written by Democrats’?
Much less the click bait title “Republican Party of Texas Moving Toward Legalization Of Pot”, sad to see BJP allow this kind of junk journalism #sweetclickbaitbro
Nicholas, it sounds like a Democrat platform to me. Red Light Camera were legalized by Republicans. I know I was there when it happened. When we had the vote in Houston it was the African American Community that came out big against the Cameras. The Cameras won in Republican Pct’s. The whole law enforcement thing was a big reason for that. Also to the Driver Responsibility Program was passed by Republicans. They had control of everything. I know I was in committee when it flew through.
So what if it was Republicans who passed these items initially? The party may change but bad laws are bad laws! Time has passed and the full effect of these types of policies are now evident, the benefits and the consequences are clear enough to view these items as good or bad legislation.
At this moment, the Republican Party of Texas seems to have the rare ability to check some of these items in hindsight and recognize they are bad legislation. We should be proud of the Republican Party of Texas for being able to check themselves when they are wrong, not shaming them!
Prohibition was a bipartisan issue (roughly 2:1 support in each party) but repeal of Prohibition was a Democrat initiative (FDR campaigned on it).
Likewise, repeal of red light cameras may or may not be a bipartisan issue. Nevertheless, this is a bad law that is very unpopular with rank and file Republicans, as the platform plank vote showed.
Perhaps the Republicans who voted it in years ago were out of touch with the grass roots? Or perhaps the people were sold a bill of goods about how beneficial red light cameras were by the vendors who made millions off them, and once they wised up they demanded change.
The ‘Stop the Red Light Cameras’ is a HUGE Republican issue. Conservatives do not like unconstitutional schemes that seek to tax them. They also don’t like cronyism and manipulation of yellow light cameras to fatten the pockets of vendors!
I strongly encourage repealing the TX Drivers Responsibility Program which is a double jeopardy program. Most don’t know that this means if you pay your fine, you must – in many cases – still pay ‘points’ for X number of years on top of the original fine. It mainly impacts indigent people who cannot afford thousands in fines; in many cases they end up in jail, lose their jobs, and negatively impact their families in a HUGE way. It is a main cause of jail overcrowding, thereby creating MORE fiscal challenges for the state government to house inmates for low level ‘crimes.’ This program was enacted to ‘enhance’ state revenue; it has had just the opposite effect due to the high number of incarcerations, creating a debtors prison. Fines and fees are not the way to ‘back door’ general revenue for the state of Texas.
Teresia, I also recommend repealing the Tx. Drivers Responsibility Program. However it is not a double jeopardy program. Tickets are criminal and the TDR is civil. You cannot be arrested for not paying the Surcharges because it is just a civil fine. The most they can do is deny the renewal of your drivers license for not paying the surcharge. No one goes to jail so it is not the main cause of jail over crowding. However I do agree that it was enacted to enhance state revenue.
Thousands, if not millions at this point, of people have gone to jail as a result of the DRP! If the surcharge lapses, their license is suspended! MSB is not exactly the quickest organization to alert drivers of when they’re at risk of being arrested for driving with a suspended license.
I don’t disagree that some people go to jail while driving while their license is invalid. Driving while license invalid is a class c misdemeanor. My experience has been that most jurisdictions in Harris and surrounding counties do not arrest on class c misdemeanors “driving while their license is suspended tickets”. However they could if they wanted to.
The post I just added talks about the test for when civil becomes criminal punishment.
Paul,
All true, but for working class/poor folks, the surcharge is a life changing event, turning legal citizens into a prmanent undrclass. I had an employee who worked for me whose example can lay this out clearly. My employee was ticketed at some point, and got assessed the surcharge. He doesn’t pay. Loses license. Gets pulled over again. Jailed for no license. Second surcharge. Get’s pulled over again. Another surcharge. He will never legally drive in Texas again, short of winning the lottery, because he can’t pay the mounting fine/late payment fees.
You say the same thing I say, “take the bus.” Yes, that’s true, but it limits his job opportunities, and thus, his earning potential.
I agree with you that is how it is played out. Just one disagreement I don’t think I said take the bus.
Paul,
LOL! I told him to take the bus and stop getting arrested. I’m thinking of the scene with Jim Carrey in Liar Liar.
Just curious Howie,
What is it about this list of positions that screams “Democrat”?
No arrests for Class C misdemeanors, no incarceration for those who cannot pay fines, warrants for cellphone data, funding for the defense of indigent criminals and all of the planks on pot have all been put forth by Democrats.
Teresia, I also recommend repealing the Tx. Drivers Responsibility Program. However it is not a double jeopardy program. Tickets are criminal and the TDR is civil. You cannot be arrested for not paying the Surcharges because it is just a civil fine. The most they can do is deny the renewal of your drivers license for not paying the surcharge. No one goes to jail so it is not the main cause of jail over crowding. However I do agree that it was enacted to enhance state revenue.
sorry about the double post.
Howie,
Yep, totally agree. The whole thing sounds Democrat to me.
Are Republicans that into big government these days? To fund these items, the state needs money. So, throw in higher taxes as well. If you think that is Republican, you might be drinking too much Koolaid so to speak! #findpriorities #limitgovernment #balancebudget
1. As far as I can tell class C misdemeanors already have no jail time penalties.
2. Do you seriously want to lock up people who cannot pay fines? Have you looked at the crowding in our jails?
3. I absolutely think that warrants should be required to access cell phone data. Why on earth would you think otherwise?
4. If we are going to try criminals in our legal system, and we are going to fund the prosecution, then we have a responsibility to make sure that defendants have a way of paying for a defense.
5. There are a lot of very rational, very conservative people who have concluded that criminalizing marijuana is just not a good idea.
Here’s the thing Howie. Sometimes Democrats have good ideas and (let’s whisper here) sometimes Republicans have outstandingly stupid ideas. We certainly don’t have a lock on wisdom. To reject an idea or platform simply because there are Democrats that have suggested the same thing is silly. Either the thing is good or it’s bad. But you have to decide on its own merits.
A person can be held in jail for up to 5 days for a class C misdemeanor, pending arraignment. And of course a person can be jailed for failing to pay the fine. Although I don’t have a problem with that if the reason for nonpayment is that the offender is a scofflaw, in many cases the offender is simply unable to pay.
Should have said above, “pending a bond hearing”. As in, if you can’t make bail, you may be held up to 5 days before being released on your own recognizance.
Jeff Bail law has changed.
If you don’t arrest people for not paying fine they will never pay.
If you arrest them and they lose their job, they’ll never be able to pay.
Good write up. The only nit pick I would have is, if you ticket someone who will not pay, and there is no punitive measure to make them pay, why would anyone pay? If you say, well, we won’t jail you for an unpaid ticket, but we will pull your license, so the next time you get pulled over you get hauled in for driving with no license, then yeah, you are incarcerating people for non payment, in a roundabout way. Unless you have a job dependent on a DL, having no license means nothing, if you can’t be put in jail for driving without one.
I’d like to see community service be made a mandatory option for working off traffic fines. Of course, same deal…..no payment and no community service hours still must lead to jail, otherwise there’s no incentive to pay.
Republican Senator Konni Burton and Republican Representative James White filed the No arrests for Class C misdemeanors bills for the 85th (SB 271 / HB 567). Senator (and then Representative) Bryan Hughes has been filing and fighting for warrants for cell phone location data bill since 2013 (HB 1608). State funding for indigent defense was pushed by the Republican County Judges (Glenn Whitley in Tarrant County in particular).
Decriminalization of pot was first voted out of committee by Republicans Terry Keel, Debbie Riddle, Aaron Pena (Democrat at the time, but current Republican), and Mary Denny (previously Denton County Republican Party Chairwoman) in 2005.
This is the definition of bipartisanship.
This is neither the final platform submitted to the delegates nor the canvass of those votes.
It is the committee reports. The minority report was not adopted.
However, it is remarkable that a state that once had severe penalties for marijuana is now considering de facto legalization.
Dan,
“Severe penalties”? I was licensed in 1993 and I remember representing people with Marijuana charges and most of the time I got them either dismissed or reduced to class c drug paraphernalia. If I was having a bad day I would get credit for time served and a $100 to $400 fine depending on my clients priors. The time served was almost always the one night in jail.
Speaking of POT.
Quick question for all the POT HEADS out there. It always seemed to me that people would normally smoke their POT at night, why is that? Why not smoke it in the morning after breakfast or during a smoke break at work. Anyone got an answer? It is something I always wanted to know.
I’m not a pothead, so I might not be qualified to answer. But drinking is usually an evening activity, is it not? (“It’s five o’clock somewhere…”) I suspect it is the same for marijuana.
And I have heard of such a thing as “wake and bake”. To me, that’s the equivalent of having a couple of shots before going to work.
Same reason that I wait until after my day’s work is done before I enjoy my whiskey. Not sure that I understand your point here.
People should be free to live their own lives. The war on drugs is a war on people.
Bill M.,
Must admit the point of the post was my poor attempt to prove a point that smoking a joint is not the same as having a beer.
There is a significant difference between drinking alcohol and smoking pot. There are a huge number of people who drink a beer, or wine, or whatever, because they appreciate the taste. And, alcohol is metabolized as a food source. In contrast, the sole purpose for smoking pot is to alter your mental state.
I agree with most of these.
So, is it wrong to be against human trafficking if the Democrats have that in their platform? (This was also in the Criminal Justice section of the RPT platform)
When you base your analysis of a policy, law, plank, etc soley on what the Democrat’s think, you probably lost your way a long time ago
You are continuing to make assumptions. I scanned all the comments, and although I am somewhat visually handicapped, I fail to see where anyone based their analysis on what Democrats think.
As for me, I merely mentioned that the criminal justice planks in the GOP platform sounded as if they were written by Democrats. That in no way implies that I oppose those planks because they sounded like Democratic positions. Except for the positions on cannabis, I support them all.
My views on marijuana aside, the planks on marijuana indicate that the Republican Party of Texas is moving toward the legalization of pot.
So, since the planks sound like they were written by Democrats, and you support them, that must mean you’re a Democrat!
Come on Fat, you know better than that. I’m not a Democrat. I don’t give a shit who is advocating those planks. Except for the planks on pot, I support them because they are righteous.
This was all a good conversation. I should have went to the convention.
These seem like the more reasonable planks from the “Purity of Essence” Clown Convention. I was more interested in the chairman’s race where delegates were warned about the chair’s financial shenanigans and he dismissed paying a fine for fraud against a nonprofit with the excuse that the “Deep State” had targetted him as a Republican leader 16 years ago. If the Democrats did something like that talk radio would talk about it for months and as it is the so-called-liberal-media buries the more outrageous planks at the bottom of articles.
I’m really impressed with this platform update.
Marijuana should be decriminalized. It is a waste of criminal justice resources far better deployed in stopping intoxicated people from driving cars in public, police patrolling our neighborhoods and solving major crimes.
I’m opposed to legalization unless the dosage of this often-potent drug were regulated, and there was a way to keep children away from it, especially the uber-potent gummy bears and other edibles. It is not like drinking a beer or enjoying a glass of Scotch.
Those caught possessing it should have to pay high civil fines, be required to take a drug awareness class and limit their driving to occupational driving only. A second offense – suspend their drivers’ license for a year.
Courtroom resources are wasted on small amount (under two ounces) of weed. My thoughts from the bench.