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Sweeping reform by Rep. Canales of unfair system that annually jails hundreds of thousands of poor Texans for traffic tickets is signed by Gov. Abbott

Featured: Rep. Terry Canales, D-Edinburg, looks out at the Texas Capitol grounds in Austin as he handles calls from constituents during a break from legislative debate on the floor of the Texas House of Representatives earlier this spring 2017.

Photograph By HOUSE PHOTOGRAPHY

Gov. Greg Abbott on Thursday, June 15, 2017, approved House Bill 351 by Rep. Terry Canales, D-Edinburg, which will help do away with a decades-old injustice which results in hundreds of thousands of Texans going to jail every year because they are too poor to pay fines for traffic tickets and other Class C misdemeanors. HB 351 was one of 12 measures passed by Canales which were approved by the Texas Legislature and the governor following the five-month regular session, which ended on Monday, May 31, 2017. Those 12 now-enacted state laws covered a wide range of issues, from protecting veterans and victims of family violence, to advancing medical education, creating more jobs, and promoting open government. In addition, Canales also served as a joint author or co-author of 24 other bills. The legislator who files a bill and guides it through the legislative process is the author (also called the primary author). The Senate allows multiple primary authors for each bill or resolution. The House of Representatives allows only one primary author, the house member whose signature appears on the original measure and on the copies filed with the chief clerk. Both chambers also have coauthors, and the house of representatives has joint authors. Canales said HB 351 represents a “sweeping reform” of the state’s criminal justice system. “In Texas, at the rate we are going, we were going to eventually be throwing a million poor people in jail every year for failure to pay tickets, fines and fees arising from court cases,” explained the House District 40 lawmaker, who is an attorney. “We have too many Texans statewide who are struggling to pay rent and groceries, then they wind up getting ticketed and getting jailed for the most minor offenses, such as traffic violations.” For Class C misdemeanors, there is no jail time, and the fine is limited up to $500. But a person can be put in jail for not paying the fines, and other related costs, such as failure to appear in court. Canale added that the border of jailing all these people for petty crimes ultimately falls on the shoulders of taxpayers. “This whole system of putting poor people in jail has become a convenient cash cow for our government, which wants to squeeze money out of indigent Texans,” he said. “HB 351 provides a much better way for minor offenders to pay their debt to society without unjustly putting them behind bars.” Canales is the primary author of HB 351 while Sen. Juan “Chuy” Hinojosa, D-McAllen, by carrying HB 351 in the Senate, is the primary sponsor of the legislation. The measure, which won final support in the House of Representatives on a huge, bipartisan vote of 132 Yeas, 11 Nays, and 2 Present, Not Voting.

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Rep. Canales’ plan to do away with “debtors prisons” for poor people who can’t pay traffic fines and other minor offenses approved by Texas Legislature and on its way to Gov. Abbott

Featured: Rep. Terry Canales, D-Edinburg, and Rep. Barbara Gervin-Hawkins, D-San Antonio, during a meeting at the Capitol of the Jurisprudence Subcommittee on Asset Forfeiture on Wednesday, March 29, 2017.

Photograph By HOUSE PHOTOGRAPHY

State lawmakers on Friday, May 26, 2017, approved House Bill 351 by Rep. Terry Canales, D-Edinburg, which will help do away with a decades-old injustice which results in hundreds of thousands of Texans going to jail every year because they are too poor to pay fines for traffic tickets and other Class C misdemeanors. Canales said HB 351 represents a “sweeping reform” of the state’s criminal justice system. “In Texas, at the rate we are going, we were going to eventually be throwing a million poor people in jail every year for failure to pay tickets, fines and fees arising from court cases,” explained the House District 40 lawmaker, who is an attorney. “We have too many Texans statewide who are struggling to pay rent and groceries, then they wind up getting ticketed and getting jailed for the most minor offenses, such as traffic violations.” For Class C misdemeanors, there is no jail time, and the fine is limited up to $500. But a person can be put in jail for not paying the fines, and other related costs, such as failure to appear in court. Canales added that taxpayers wind up paying more because through the costs it takes to look after people who are in local jails for petty crimes. “This whole system of putting poor people in jail has become a convenient cash cow for our government, who want to squeeze money out of indigent Texans,” he said. “HB 351 provides a much better way for minor offenders to pay their debt to society without unjustly putting them behind bars.” Canales is the primary author of HB 351 while Sen. Juan “Chuy” Hinojosa, D-McAllen, by carrying HB 351 in the Senate, is the primary sponsor of the legislation. Hinojosa, also an attorney, agreed with the need for Canales’ legislation. “Our current system is counter-productive, and it traps people into a cycle of debt when they cannot pay their tickets and other low-level, fine-only citations. Our current practice also leads to license suspensions and arrest warrants,” said Hinojosa. “In 2015, fines in over 677,00 cases were satisfied through jail credit and over 230,000 Texas were unable to renew expired licenses until their fines and fees were paid off.” HB 351 allows courts to ask about a defendant’s ability to pay during the sentencing phase, Hinojosa explained. “After making that determination, courts would be allowed to reduce or waive fines and costs and offer community service as an alternative. In 2015, judges resolved fine-only cases with community service just 1.3 percent of the time,” Hinojosa said. “HB 351 seeks to put the justice system’s time and resources to more efficient use by holding people accountable while saving money and increasing public safety.”

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Sexual Assault Awareness Month, proposed by Rep. Canales, receives 144 – 0 House approval; lawmaker also wants universities and colleges to provide details of such crimes on campuses

Featured: A recent U.S. Air Force poster, part of an ongoing campaign by the American military in support of Airmen and their families who have been a victim of sexual assault. In Texas, a statewide effort led by Rep. Terry Canales, D-Edinburg, is underway to develop strategies to reduce sexual assault by equipping the public with knowledge and awareness of this serious crime by designating April as Sexual Assault Awareness Month.

Photograph Courtesy of U.S. AIR FORCE

Rep. Terry Canales, D-Edinburg, has proposed that April would be designated as Sexual Assault Awareness Month in Texas in order to increase knowledge that leads to more prevention of sexual assault and punishment of criminals, and to authorize the regular observance of Sexual Assault Awareness Month through appropriate activities in public schools and other places. Sexual assault, according to FindLaw.com, occurs when a defendant – intentionally and knowingly – commits any of a number of prohibited sexual activities listed under Texas’ sexual assault law without the victim’s consent. Canales’ proposal, as illustrated in House Bill 822, was overwhelmingly approved by the Texas House of Representatives on Thursday, April 2o, 2017.  The bill will now go to the Texas Senate for their action. “Today, I passed legislation out of the House to officially designate the month of April as Sexual Assault Awareness Month in an effort to raise public awareness about sexual assault and educate communities and individuals on how to prevent sexual assault,” Canales said. “We need everyone’s help to reduce sexual assault, and I believe that officially designating this month is a step in the right direction towards proactively reducing sexual assault.” Sexual assault is a serious criminal violation. Canales’ measure stems from a study conducted by UT Austin’s Institute on Domestic Violence & Sexual Assault, whose findings were released on Friday, March 24, 2017. The report titled Cultivating Learning and Safe Environments showed that sexual assault is an ongoing problem throughout society, including in the halls of higher education. According to the study,  almost 200 out of the more than 3,800 students who participated in the anonymous online survey reported to have been sexually assaulted since they have been enrolled at the University of Texas Rio Grande Valley’s campuses. Nine percent of those students who participated in the anonymous online survey – almost 350 individuals – said they had been victims of unwanted sexual touching since they have been enrolled at UTRGV’s campuses. “These figures are shocking, to say the least,” said Canales, an attorney who also serves on the House Committee on Criminal Jurisprudence, which shapes state laws to protect Texans, especially from violent criminals. “But through this legislation, and another major bill I am working on, we are going to help remove the shroud of secrecy over sexual assault, family violence, and stalking policies at our public universities and colleges.” House Bill 1096, coauthored by Canales and Rep. J.M. Lozano, R-Kingsville, would require public universities and colleges in Texas to provide students and organizations with information about these crimes. “If HB 1096 becomes law, but a public university or college fails to provide that information, that university or college would not receive any state funding,” Canales said. 

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U.S. military personnel and veterans suffering from mental health trauma tied to their time in the service would get key legal protections under plan by Rep. Canales approved by Texas House

In certain situations, active duty members and veterans of the U.S. military who suffer from a brain injury, mental illness, or mental disorder, including post-traumatic stress disorder, or was a victim of military sexual trauma that occurred during or resulted from the defendant’s military services – and who are convicted of their first criminal offense in Texas – would be able to have that conviction wiped off their record automatically and for free, Rep. Terry Canales, D-Edinburg, has proposed. His measure, House Bill 322, which was approved on Wednesday, April 12, 2017 by the Texas House of Representatives on a vote of 146 to 0, now goes to the Texas Senate for its action. HB 322 also would extend these protections to eligible members of the reserves, national guard, or state guard. Having a court order the destruction of records of the conviction is known as an expungement. An expungement is currently available for certain Texans, but the costs nationwide can start around $400 and go up to $4,000, plus court costs, depending on the nature of the charge, according to CostHelper.com. Texas veterans “are being failed by current law because in many cases these wounded warriors do not get their record expunged because it requires hiring a lawyer and paying additional court fees,” added the House District 40 state lawmaker, who is an attorney. “Such costs prevent many veterans eligible for an expungement from doing so.” But under HB 332, U.S. military personnel and veterans who successfully complete a rigorous and effective series of rehabilitative programs offered through veterans courts in Texas would be able to have their record cleared of a first offense, saving them thousands of dollars and precious time. “Criminal records are like scarlet letters that a person carries for the rest of their lives,” Canales said. “Our active military personnel and veterans fight and die for us, and I believe if they mess up, they should be given special consideration under the law.” HB 322 was requested by judges statewide who oversee the state’s veterans treatment courts.

Graphic Courtesy U.S. DEPARTMENT OF DEFENSE

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DPS troopers, Texas Rangers, and other eligible Highway Patrol personnel would receive daily overtime pay protections while promoting public safety under plans by Rep. Canales, Rep. Miller, and Sen. Hinojosa

Featured: Texas Department of Public Safety troopers, wearing their traditional “Texas Tan” uniforms and cowboy hats with their patent leather gun belts, showed up on Friday, March 3, 2017, along with other South Texas law enforcement professionals for the groundbreaking of the multi-million dollar Regional Center for Public Safety Excellence, located at 4300 S. Cage Boulevard in Pharr. The upcoming campus is a collaboration between South Texas College, the City of Pharr, the Pharr-San Juan-Alamo School District, and the Texas Department of Public Safety (DPS). “The facility will benefit the region by adding additional programs in public safety, law enforcement, border security, and fire science. These programs provide college level certificates and degrees for public safety and law enforcement professionals in the Rio Grande Valley,” said Mario Reyna, Dean for Business and Technology at STC. “Furthermore, this center will be able to accommodate the professional continuing education courses required by all law enforcement officers. The spectrum of courses offered will cover all the needs of our region. Traveling to College Station or San Antonio for specialized training will be a thing of the past.”

Photograph By ALEX RÍOS

Texas Department of Public Safety troopers, Texas Rangers and other DPS commissioned officers, such as Criminal Investigations Division Special Agents, Texas Capitol Security, and other personnel within the Texas Highway Patrol, would earn overtime pay on a daily basis under legislation by Rep. Terry Canales, D-Edinburg, Rep. Rick Miller, R-Sugar Land, and Sen. Juan “Chuy” Hinojosa, D-McAllen. House Bill 483 by Miller/Canales and Senate Bill 297 by Hinojosa, which are identical in language, would change Section 411.016, Government Code, to allow DPS, which is a state police force, to calculate overtime for eligible staff – including its Homeland Security Division and Counterterrorism Division – based on working more than eight hours in a 24-hour period, according to the bill analysis of both measures. The two bills would benefit officers because it would allow them to take sick leave or other types of leave without risking the loss of earned overtime. As DPS officers move to a standard 50-hour work week, they will develop a reasonable expectation of paid overtime based on the standard schedule. “In order to increase protection for our citizens, DPS often has its troopers on duty for up to 12 hours a day, which is 48 hours during four days of a five-day, eight hour a day, workweek. ” Canales explained. “But currently, if for whatever reason, any trooper who has worked more than 40 hours in four days is not available or not needed on the fifth day, he or she would not receive any overtime pay. That’s not fair. Our law enforcement professionals put their lives on the line for us every day.”

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