Texas Gov. Greg Abbott Signs a Law Making Ankle Monitor Tampering a Felony

Texas Gov. Greg Abbott signs into law eight public safety bills at the Capitol in Austin, Texas, on June 6, 2023. Office of the Texas Governor

Texas Gov. Greg Abbott signed into law eight public safety bills, including a bill that makes it a state jail felony for parolees or defendants to tamper with or remove their ankle monitor.

On June 6, Abbott signed a variety of public safety bills enforcing stiffer penalties on aggravated assault, street racing, rogue district attorneys, violence against health care workers, and tampering with ankle monitors.

“One thing we all agree upon is the importance of providing resources that will make our community safer, as well as supporting our law enforcement and the state of Texas,” Abbott said at the Capitol building in Austin, Texas, where he was joined by lawmakers and law enforcement representatives from across the state.

“I’m going to be signing at least eight bills focused on public safety and focused on protecting our fellow Texans and to hold criminals accountable.”

Republican state Sen. Joan Huffman authored Senate Bill 1004, which makes tampering with an ankle monitor a third-degree felony (pdf).

The Epoch Times has reached out to Sen. Huffman for comment.

Suspect on the Loose After Removing Ankle Monitor

A murder trial was placed on hold earlier this week after the suspect, charged with shooting and killing a 9-year-old girl, disappeared.

Tyrese Simmons, 23, had been under house arrest with a GPS monitoring device for more than three years awaiting trial in connection with the Aug. 14, 2019, murder of Brandoniya Bennett in Dallas, Texas.

But on May 28, at about 2:30 a.m., the suspect’s ankle monitor sent out a “tamper alert” — just days before his trial was set to begin, according to the Dallas County District Attorney’s office.

Simmons, a former rapper, had been feuding with another rapper who had disparaged him on social media, according to police.

The suspect allegedly went to an Old East Dallas-area apartment building to confront the rival rapper. Police said when the man refused to come out of his apartment, Simmons went to the back of the building and fired into the wrong apartment.

The young girl was struck in the head while sitting on the sofa inside her apartment, according to KTVT-TV. Bennet was just days away from starting the fourth grade. She was described as a free spirit who was always smiling.

Simmons turned himself in two days after the shooting. He was 19 at the time.

In December 2019, Simmons was released on bond after a visiting judge reduced his bail from $500,000 to $250,000. He was placed on house arrest while awaiting his trial.

A spokesman for the Dallas County Sheriff’s Department confirmed to The Epoch Times that a warrant was issued for Simmons’s arrest after the suspect went on the lamb.

“Violent criminals should not be allowed the leniency of an ankle monitor,” Dallas Police Chief Eddie García said on June 2 when he was asked about Simmons’ case, The Dallas Morning News reported. “They do not work. Period.”

Simmons reportedly posted a message on Facebook saying he did not believe he would get a fair trial and that the “choice I have made was not a sign of guilt.”

“I will not willingly allow them to assassinate my character any longer by painting a picture that I’m a rapper who shot into the wrong home, or that rap lyrics make me a shooter … without the right counsel who is willing to fight my case,” the message read.

“I am doing this to bring awareness to my case in hopes that it opens eyes to [the] injustice in the system and lack of investigation.”

Last year, Davonet Benton was convicted of murder and sentenced to 45 years in prison for his role in the murder case. Benton was caught on surveillance video running through the apartment complex with Simmons, KTVT-TV reported.

“The murder of this child remains a senseless and unimaginable tragedy. While nothing can bring Brandoniya back, I am thankful we are able to send the message that this kind of violence will not be tolerated in Dallas County,” said Dallas County District Attorney John Creuzot following Benton’s conviction.

Other Cases

On Oct. 22, 2022, two hospitals were gunned down and killed by a parolee while working in the maternity unit at Methodist Dallas Medical Center.

Nestor Hernandez, the suspect accused of killing nurse Katie Flowers and social worker Jacqueline Pokuaa, had been released on parole a year earlier and was required to wear an ankle monitor.

Hernandez was granted permission by the Texas Board of Pardons and Paroles (BPP) to be with his girlfriend at the hospital for the delivery of their child.

He reportedly acted strangely at the hospital and accused his girlfriend of cheating on him before he pulled out his gun and hit her in the head with it, according to the arrest warrant obtained by WFAA-TV.

Social worker Jacqueline Ama Pokuaa, 45, was shot as she entered the room to perform patient services. Nurse Katie Annette Flowers, 63, was shot when she opened the door to look inside the room. Both women died of their injuries.

Hernandez is charged with capital murder of multiple persons and remains in custody with no bond at the Dallas County Jail.

Less than two weeks later, another parolee wearing an ankle monitor was arrested in the shooting death of a 39-year-old Dallas man.

Zeric Jackson is accused of shooting Brian Dillard, who was visiting the suspect’s girlfriend. The girlfriend was in the shower when the suspect allegedly shot Dillard.

What Else?

In late 2022, Abbott ordered BPP and the Texas Department of Criminal Justice to investigate lapses in the release and parole supervision of Hernandez and Jackson (pdf).

“In neither case were ankle monitors an effective deterrent to the heinous crimes they committed, Abbott wrote in the letter. “Although nothing can be done to bring back these victims, Texas must protect Texas residents from similar acts.”

Earlier this year, officials testified before the House Committee on Corrections supporting Senate Bill 1004.

Garcia told lawmakers that his department had arrested 48 suspects who were issued ankle monitors, according to The Dallas Morning News.

“This legislation could’ve saved two innocent lives,” García said. “Violent criminals have no respect for ankle monitors. It is time to place real consequences on individuals who remove their electronic monitoring privileges.”

The laws signed take effect September 1, 2023.