House Bill 3391

A Free Pass for The Selected Few

By Jay Goodman

Let’s start this chapter with a little-known law that was passed by the Texas legislature called, (House Bill) HB3391, authorizing the creation of the nation’s First Public Safety Employees treatment courts.

The courts will allow police, firefighters, prison and jail guards, and emergency medical services employees facing charges to defer criminal prosecution by entering a treatment program. Program fees will be up to one thousand dollars, and those who complete it will have their criminal charges dismissed. Participants will neither face criminal punishment nor have a criminal record. Public safety employees will be able to enter the program regardless of what kind of felony or misdemeanor offense with which they are charged. The only requirements are that the current or “former” public safety employee have, “suffered from brain injury, mental illness, or mental disorder, that occurred during or resulted from the defendant’s duties as a public safety employee, and affected the criminal conduct at issue”. And, “participation in the program was likely to achieve the objective of ensuring public safety through rehabilitation”.

Wow! A law passed that will allow the Texas Department of Criminal Justice guards or employees to rape, assault, bring in drugs, and cell phones, or just murder us, without any worry whatsoever. I’m sure that makes all of them feel all warm and fuzzy inside. Just think about this for a minute. If guards and employees all start going to their doctors with sudden problems of depression, anxiety, suicidal thoughts, etc., etc., this will fall under mental illness, and or mental disorder. Now that they have played the system system they can move on to phase two, choosing their victim, say, “slam an old frail man on his head on a concrete side walk”. Or I can sexually assault a co-worker, or maybe steal identities and sell them on the black-market web sites. Let’s get super creative. Let me funnel large amounts of cash from the Texas prisons to my off-shore account, now we’re talking. While I’m at it, I know if I steal enough slowly, and if I do get caught, so what! Man, it’s my mental illness that made me do it, so what’s next? Anything I feel like doing.

This law opened the door for the Texas guards and employees to do pretty much whatever they want. Truthfully, the sky is the limit. As I read this House Bill passed by the Texas Legislature, I could not help but wonder? Did the Puppetmasters go to someone they knew and pay them to draw this Bill up and make sure it passed?

Because I can’t help but think, who in their right mind would want something like this to pass? Our American soldiers who have done tours of duty in wars, and suffer from PTSD are not even covered like this. You mean to tell me Texas prison guards are under more stress than our soldiers? I think not. The Law requires: That the defendant be provided with legal counsel before volunteering for the program; and an individualized treatment plan, and an opportunity to withdraw from the program at any point prior to trial. The court’s jurisdiction will be a minimum of six months and will expire when the community supervision period ends. This BS Bill was copied off of the military veterans, but it’s actually better, because unlike the veteran’s bill, Texas has created a free pass for their Texas prison employees who have turned the Texas Department of Criminal Justice prison system into a criminal organization. While our American soldiers are still held accountable for their crimes, Texas has given their Texas prison gangsters a free ticket to commit any crime they feel like without any worry whatsoever.

 This article stated, breezed through the legislature along with other “Bills”. House Research Organization Bill Analysis-H.B. No., 3391, OK, so basically you created a law that ensures if you’re a Public Safety employee, you are exempt from criminal prosecution. Sweet! Sign everyone up so they can steal, kill and destroy peoples lives. If this isn’t insult to injury, I don’t know what is? First, they gave the Texas prison employees, “Qualified Immunity”, a judge made doctrine, invented by the courts out of thin air. It immunizes Public Officials even if they commit illegal misconduct, unless they violated “clearly established law”. This is what judges hide behind, to escape 42. U.S.C.A.§1983, as well as law enforcement and other public officials. If this doesn’t smell rotten, I don’t know what does? If I’m locked-up and can see through this “Bill”. Why aren’t more people taking notice of it? As if the “Patriot Act” didn’t erode enough of our constitutional Rights. You make a law that allows one of this country’s largest criminal organizations a free pass from criminal prosecution. And you mean to tell me no one noticed this Bill’s true intent?

 My friend Bernal said to me, “after 20 years of living with criminals, I guess it only becomes natural to see how easy it is to commit a crime”. If only you belong to one of the biggest gangs there are, which of course is the Texas Department of Criminal Justice, you’re OK. Sound crazy?

 Let’s take a second and look at everything that I’ve written about throughout my book. Look at all the abuses that are happening inside the Texas prisons, look at the drugs, cell phones, assaults, the sexual assaults, the stealing, the falsifying of state documentations, setting prisoners up with drugs and weapons, the beatings, and the murders. That’s just to name a few. So, once again I ask, “if I can see the intent of Bill HB3391 sitting in prison, do you believe this Bill passed without anyone noticing it?” I think not.

A few months ago, in November of 2019, I wrote a chapter about an officer here at the Stevenson Unit named Kloesel, who slammed an elderly inmate on a concrete sidewalk, on top of his head, al- most killing him. First, Kloesel only needs to state he has had depression issues since the murder that happened on B-Wing. Which is like a type of an isolation cell block. Which also placed Kloesel on probation by the way. Next, he gets his union rep. to file the necessary paper work to get the ball rolling. Now it’s back to work, who can I kill this time? Hell, it’s worked out so good, I might as well start flooding this place with some drugs. They already have all the K-2 they can smoke, would anyone care for some meth? It may sound like I’m being a smart ass, but I’m not trying to be. I am only trying to show how this Bill will be used and abused. Whoever sponsored Bill HB3391 should be ashamed of themselves. I would like to know how much money they made off of it? Because if this doesn’t sound like a kick-back, I don’t know what does?

 I mean you have basically created a separate group of people in this country. Your communist/fascist agenda is working brilliantly. When you have a law that separates people into different groups and sub-groups you no longer have a republic for the people. You have a totalitarian government for the privileged few. This is what Constitution stands for. Equal and fair treatment, regardless of social or economic status. If you wish to see the true nature of a country all you have to see is how they treat their prisoners. This will show the true nature of the people. How can you preach social justice and reform when you pass laws that can give guards a free pass for breaking the exact same Laws for which the prisoners were sent to prison for? I guess in this in- stance the old adage of: it’s not what you know, it’s who you know, rings loud and clear.

 When did our state representatives turn against us? When did the very nature of freedom and democracy become them? Our judges and law enforcement, public safety employees, should be held to a higher standard, not a lower one. What the Legislatures should have passed, is a Bill that allows a judge and District Attorney to be sued in their individual capacity, when a person is acquitted, or new evidence is discovered. Especially when the prosecutors hide evidence to gain a conviction. Justice isn’t about your win or loss ratio, it’s about fair and equal treatment. It seems that Texas has become a state where justice is only for those who have the money to pay for it. Where social standing plays a larger role than justice. What a dilapidated house we’ve created. No wonder that the Texas prison system has turned into a complete criminal organization. It’s so out of control that it can never be repaired from within. When people leave a prison system worse than they were when they arrived, you know it’s broken. Hell, they even admit it’s broken, but do absolutely nothing to fix it.

 Now, let’s take a look at something, and my prayer is, everyone who reads it fully understands what I mean by how crazy this Bill is. (House Bill) HB3391, the only requirements are brain injury, mental illness, mental disorder, or something that occurred during the duties that affected the criminal conduct. OK, let’s look at another side of this coin. What about the tens of thousands of prisoners that have been locked up in super seg isolation cells by themselves for years or decades. They’ve been beaten, forced to fight each other for the guard’s entertainment, starved and mistreated in every way possible. Then just released back into society without so much as talking to a doctor. Does this Bill, HB3391 cover them when they leave prison and break the law,’ After all, they suffer from mental disorder ani mental illness. What about the young kid who was repeatedly raped here at the Stevenson Unit by a sergeant? If he just so happened to see this sergeant in the free world and shot him, is he covered by this Bill? After all I’m pretty sure he suffered some type of mental disorder, being raped again and again by the same person who was here to protect him. What about all of the prisoners who have been pushed, kicked, beaten, are they covered? If not? Are you going to draw up a Bill and have the Texas Legislature pass it?

The Attorneys
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez