Texas - Legislative Update

Question 1

Unlawful Carrying of a OF HANDGUN BY LICENSE HOLDER

Answer 1

PC 46.035 changed “failure to conceal” to “displaying in plain view”

Question 2

Tampering with Government Records

Answer 2

PC 37.10 made tampering with Standardized Test Scores a 3rd Degree Felony

Question 3

Prostitution

Answer 3

PC 43.02, 03, 04 - Increased punishment if person solicited younger than 18 – 2nd Deg.

Question 4

Prostitution – Deferred

Answer 4

Now can use “Deferred” as a conviction

Question 5

Prostitution – Promotion

Answer 5

Class A Misd; with prior then SJF; person younger than 18 2nd Deg.

Question 6

Stacking Added

Answer 6

PC 3.03 - 1st Deg. Injury to a child, elderly, disabled person if some criminal episode

Question 7

Sex Offender Registration

Answer 7

CCP 62.0045 - Counties with less than 100,000 now have centralized registry

Question 8

Sex Offender Registration – Employer

Answer 8

CCP 62.005 - Employer’s name, address, and telephone number not in public database

Question 9

Sex Offender Registration – Employment

Answer 9

CCP 62.063 - SO cannot be employed to: 1. operate a bus; 2. drive taxi or limo; 3. Unsupervised service in a residence; 4. operate an amusement park ride

Question 10

Sex Offender Registration – Failure to Register

Answer 10

PC 32.51 - Failure to register and use of fraudulent ID increases offense to next level

Question 11

School Marshals

Answer 11

CCP 2.127 - Board of Trustees may make rules for school marshals: 1. act only necessary to prevent SBI or death; 2. No traffic citations; 3. Must be licensed peace officer

Question 12

Accepting Plea for Fine Only Offense

Answer 12

CCP 45.023 JP or Municipal Court may accept plea of DETAINED person; D may file a motion for new trial – court shall grant motion if filed in 10 days

Question 13

Juvenile in Municipal or Justice Court

Answer 13

PC 8.08 JP or Muni Crt Judge SHALL on motion on motion of CRT, State, or someone acting as parent SHALL evaluate capacity to: 1. proceed; or 2. understand wrongfulness of action. If PC to believe NO capacity CRT may dismiss without notice to the State; State may appeal

Question 14

Conviction of Child 10 – 15

Answer 14

10-15 presumption that child couldn’t commit fine only offense or ordinance; State must establish be preponderance of evidence that actor has sufficient capacity (doesn’t apply to truancy)

Question 15

Juvenile Younger than 10 - Fine Only Offenses

Answer 15

PC 8.07 Younger than 10 – cannot be convicted of fine only offense or city ordinance

Question 16

Jury Charge – Organized Crime

Answer 16

CCP 37.03 CRT must provide “Parole Instruction” for Organized Criminal Activity or Directing a Street Gang; Actual Time = ½ sentence or 30 years

Question 17

Juror Information

Answer 17

CCP 35.29 D counsel may provide confidential juror information to 11.071 (Death Penalty Writ) counsel without application to CRT

Question 18

Habeas Corpus – Scientific Evidence

Answer 18

“CCP 11.073 (all new) CRT may grant writ: 1. Relevant; 2. not ascertainable through reasonable diligence; 3. Would be admissible under TRE on day of application; 4. CRT finds D would not have been convicted
CRT must consider whether the scientific knowledge or method is based on change since: 1. Trial; and 2. Prior to application”

Question 19

Sexual Offense Extraneous Offenses – Applies to

Answer 19

1. Sexual Trafficking of Child 1st Deg; 2. Continuous Sex Abuse of Child; 3. Indecency Sexual Contact; 4. Sex Assault of Child; 5. Agg. Sex Assault of Child; 6. Online Solicitation; 7. Sexual Performance; 8. Child Pornography; 9. Attempt or Conspiracy of above

Question 20

Sexual Offense Extraneous Offenses – Admissible if

Answer 20

1. Prior to commission or present offense; 2. For any relevant purpose – INCLUDING conformity of character; 3. Hearing without jury; 4. Judge finds beyond a reasonable doubt; 5. 30 Days notice by the State – NO request from D needed (403 still applies)

Question 21

Prohibited Weapon

Answer 21

PC 46.05 Removed “Switchblade”

Question 22

Prohibited Weapon

Answer 22

PC 46.05 Removed “Switchblade”

Question 23

Organized Crime – Agg. Sex Assault of Child

Answer 23

“PC 71.02 Life without parole if D is 18; and Vic. Younger than 6; or
Vic. Younger than 14 and commits with violence, threat, or substance.”

Question 24

Motor Vehicle Accident

Answer 24

“Trans Code 550.021 D must stop and render aid if “reasonable likely to result in injury or death”

Note: unit or prosecution is 1. Victim or 2. Accident”

Question 25

Community Supervision – Sexually Violent Offender

Answer 25

CCP 42.12 Sec. 5(2) If CRT grants comm. Supervision judge SHALL make finding if victim is younger than 14

Question 26

What is the punishment for a First Degree enhanced with Organized Crime?

Answer 26

PC 71.02 15 years to Life

Question 27

Money Laundering

Answer 27

“PC 34.01 Redefines “funds”
Include “stored value cards” as defined in B&C Code
Redefines; “proceeds” Means funds acquired or derived directly or indirectly from, produced through, realized through, or used in the commission of a crime”

Question 28

Salvia

Answer 28

HSC 481.104 Adds Salvia Divinorum to PG 3; Unless unharvested and growing in natural state

Question 29

Child Pornography

Answer 29

PC 43.26 Adds victims of trafficking; Adds to possess “knowingly or intentionally accesses with intent to view”

Question 30

Assault – Third Deg.

Answer 30

PC 22.01 Adds “emergency room personnel” to Third Deg.

Question 31

911 Calls – Abuse

Answer 31

PC 42.061, 062 Adds “electronic device” to phone

Question 32

“Forfeiture by Wrong Doing”

Answer 32

“CCP 38.48, 49 Codifies Doctrine
Offering party need not show: 1. Sole intent was to cause unavailability; 2. Criminal Action; 3. Reliability of Statement - NOTE: 403 and Character still applies
CRT must have hearing outside jurors presence – preponderance of evidence; If practical have 28.01 hearing (Rule 104 applies)”

Question 33

Warrants for Data

Answer 33

CCP Ch. 18 1. Employees of electronic communication company may search rather than peace officer; 2. Time to serve warrant extended to 11 days (instead of 3); 3. Judge may issue for data in another state - NOTE: District Judge ONLY

Question 34

Electronic Funds Transfer

Answer 34

PC 31.06, 41, 45 Insufficient Funds crime includes “site order” to presumption of theft by check

Question 35

Venue – Computer Crimes

Answer 35

CCP 13.25 Proper where: 1. Vic resides; 2. City of principal place of business of owner or lessee of computer involved; 3. Anywhere D has control of proceeds of or funds used in furtherance of crime; 4. Anywhere D accesses computer through wires or other means

Question 36

Extradition

Answer 36

CCP 51.13 Sec. 10 JP may accept voluntary waiver of extradition in counties bordering other states (usually requires court of record); If JP does it, he must video or transcribe AND have taken a special class (unless he’s a lawyer)

Question 37

Extradition – JP Warning

Answer 37

1. Crime Charged; 2. Demand for Surrender; 3. Right to procure counsel; 4. Right to apply for writ in Court of Record