Legislative Updates 2019 Flashcards
BACKGROUND
The purpose of this bulletin is to advise officers on recent changes in the law that took effect on September 1, 2019. The following is a brief synopsis of the laws officers are most likely to encounter. For more information on the bills referenced below officers can go to https://capitol.texas.gov/Home.aspx
PENAL CODE - House Bill 2613
20.07- OPERATION OF A STASH HOUSE
House Bill 2613 creates this new offense, which makes it illegal for a person to use or permit another to use any real estate or vehicle to commit an offense under our Texas Smuggling or Trafficking laws.
Penal Code - House Bill 2789
21.19- UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL.
House Bill 2789 creates this new offense, which makes it illegal for a person to send or transmit images or videos of persons exposing themselves or engaged in sexual acts when they are not requested or wanted by the recipient.
Penal Code - Senate Bill 194
22.012- INDECENT ASSAULT
Senate Bill creates this new offense to make it illegal for a person to touch or grope the genitals, anus or breasts of another without their consent for the sexual desire of any person. In part an adult equivalent to §22.11 Indecency with a Child, it also adds unwanted contact of bodily fluids, most of which were previously considered Assault Contact.
Penal Code - Senate Bill 1259 - Sexual assault
22.011 SEXUAL ASSAULT, SECTIONS (b) are amended to expand the parameters of “without consent” in a sexual assault, if a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material.
Penal Code - House Bill 121
30.06- TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN, and 30.07, TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN
House Bill 121 amends both statutes by creating a defense to prosecution that the license holder was personally given notice by oral communication from the owner or owner’s agent and “promptly” departed from the property. For practical purposes, the 30.06 and 30.07 signage will no longer work unless the LTC-holder is verbally warned to leave and then fails to do so.
Penal Code - House Bill 121
30.06- TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN, and 30.07, TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN
House Bill 121 amends both statutes by creating a defense to prosecution that the license holder was personally given notice by oral communication from the owner or owner’s agent and “promptly” departed from the property. For practical purposes, the 30.06 and 30.07 signage will no longer work unless the LTC-holder is verbally warned to leave and then fails to do so.
