The year is just about over. so what do you think was the most important development in criminal prosecution in 2001? I have my own idea, but I thought I'd give some choices. And if your pick is not on the list, write it in!SB 3: post-conviction DNA testing lawNew domestic violence lawsNew DWI lawsDefeat of the AG "exclusive control" billSB 7: "Fair Defense Act"

The appointment of Cathy Cochran to the Court of Criminal Appeals would certainly qualify for me as an important development in criminal law generally!

The other change I am hoping to see is a permanent return to community support for our law enforcement personnel after the events of September 11th.

Either:
1. The stalking statute, which caused more editorializing and name-calling (remember "...way to kick some panty waist butt..."?) between learned professionals since the O.J. trial, OR

2. The development of the TDCAA user forums which has become the vehicle by which we all can offer the benefit of our various experiences and/or respond to the stalking statute prompt.

Of course, for me it would have to be the graduation of my baby girl from college, which along with the benefit of an education, means the loans have to now be paid, which will insure that at least one of us old investigators (for better or worse) stays in criminal prosecution for a long time --

I like your web site one; I tend to think the stalking one -- a big jump from class A to thrid degree feloney -- is a big kick in the pants, but it only affects a very few guys. Some of that other stuff has broad application to a lot of folks....

My two-cents: I picked the DWI stuff, in particular the open-container law. I know, just a class c misdemeanor, but I think it has wide application and visibility. And, it finally sends a clear message in Texas that drinking a beer and operating a 3,000 pound machine at 70 mph are inherently inconsistent activities.

Given the poor record in Texas when it comes to DWI enforcement and alcohol-related traffic deaths, maybe this is the type of thing that will aim us in the right direction. And that has the potential to save tens and hundereds of lives a year.

So that's my pick.

The racial profiling reporting statute is the most important bill passed, because it will provide lots of scientifically useless statistics to be used by political race-baiters and ignorant newspaper reporters (e.g. like those on the Dallas A.M. News) to attack police. A few good cops will lose their jobs or have their careers stymied because this statute. Police morale will drop, and police will be less interested in enforcing the law, and crime, particularly drugs and violent crime, will increase, especially in predominately minority communities. Lives and property will be lost because of the indirect effect of this statute.

Such is the cost of Political Correctness.

I voted for SB3, but I have to give runner-up status to the Racial Profiling bill. I agree that it is going to cause some problems with differing interpretations by both the public and the courts. I have heard some proponents state that it means that an officer may not stop a person based solely on one of the prohibited criteria and may not selectively enforce based on those criteria. On the other hand, some propenents of the bill don't want an officer to ever be able to use race, ethnicity or national origin in making a determination of reasonable suspicion to detain. I guess the courts will have to thrash that one out.

I heard that Sen. West was working on an exception for stops at airports. Any truth to that?

hadn't heard...airports as a "constitution free zone." I'll check on it...

It was a joke. A little racial profiling humor, if you will.

Well, he has told our prosecutors that he will move to repeal PC 12.42(f) which allows the State to use a TYC commitment to enhance an adult punishment range. We just used it to make a murder case he wanted 8 years on, a fifteen year minimum and a Dallas jury gave him thirty.

No such bill filed last session, as far as I know, and I haven't heard a big fuss about it...