An Enhancement-Free Legislature?

Some good news came out of the Senate side of the 81st Texas Legislature. The Austin American-Statesman is reporting that Sen. John Whitmire of Houston, who is the chair of the criminal justice committee, is saying criminal enhancements are a no-no this year.

"It's simple: Enhancements cost money," Whitmire told the Statesman. "No enhancements. We don't have money for them."

So, add enhancements to the list of casualties due to the economy and the budget shortfall the state is facing.

But the ACLU of Texas opposes enhancements for reasons other than cost: Enhancements don't deter crime. Your average copper thief, for example, won't stop stealing copper because he may get an extra six months in jail for lifting pipe from a construction site. In fact, as reported by the Dallas Morning News, metal thefts in the Metroplex have continued to rise after the Legislature enhanced the penalty for stealing copper during the 80th Legislature. (See Scott Henson's adept analysis on this topic at Grits for Breakfast)

Besides, stealing is already a crime.

Although ratcheting up the penalties may seem tough on crime, more consistent enforcement of the existing laws frequently results in a higher public safety payoff.