Texas - Legislative Update Flashcards
Unlawful Carrying of a OF HANDGUN BY LICENSE HOLDER
PC 46.035 changed “failure to conceal” to “displaying in plain view”
Tampering with Government Records
PC 37.10 made tampering with Standardized Test Scores a 3rd Degree Felony
Prostitution
PC 43.02, 03, 04 - Increased punishment if person solicited younger than 18 – 2nd Deg.
Prostitution – Deferred
Now can use “Deferred” as a conviction
Prostitution – Promotion
Class A Misd; with prior then SJF; person younger than 18 2nd Deg.
Stacking Added
PC 3.03 - 1st Deg. Injury to a child, elderly, disabled person if some criminal episode
Sex Offender Registration
CCP 62.0045 - Counties with less than 100,000 now have centralized registry
Sex Offender Registration – Employer
CCP 62.005 - Employer’s name, address, and telephone number not in public database
Sex Offender Registration – Employment
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
Sex Offender Registration – Failure to Register
PC 32.51 - Failure to register and use of fraudulent ID increases offense to next level
School Marshals
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
Accepting Plea for Fine Only Offense
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
Juvenile in Municipal or Justice Court
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
Conviction of Child 10 – 15
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)
Juvenile Younger than 10 - Fine Only Offenses
PC 8.07 Younger than 10 – cannot be convicted of fine only offense or city ordinance
Jury Charge – Organized Crime
CCP 37.03 CRT must provide “Parole Instruction” for Organized Criminal Activity or Directing a Street Gang; Actual Time = ½ sentence or 30 years
Juror Information
CCP 35.29 D counsel may provide confidential juror information to 11.071 (Death Penalty Writ) counsel without application to CRT
Habeas Corpus – Scientific Evidence
“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”
Sexual Offense Extraneous Offenses – Applies to
- 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
Sexual Offense Extraneous Offenses – Admissible if
- 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)
Prohibited Weapon
PC 46.05 Removed “Switchblade”
Prohibited Weapon
PC 46.05 Removed “Switchblade”
Organized Crime – Agg. Sex Assault of Child
“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.”
Motor Vehicle Accident
“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”
Community Supervision – Sexually Violent Offender
CCP 42.12 Sec. 5(2) If CRT grants comm. Supervision judge SHALL make finding if victim is younger than 14
What is the punishment for a First Degree enhanced with Organized Crime?
PC 71.02 15 years to Life
Money Laundering
“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”
Salvia
HSC 481.104 Adds Salvia Divinorum to PG 3; Unless unharvested and growing in natural state
Child Pornography
PC 43.26 Adds victims of trafficking; Adds to possess “knowingly or intentionally accesses with intent to view”
Assault – Third Deg.
PC 22.01 Adds “emergency room personnel” to Third Deg.
911 Calls – Abuse
PC 42.061, 062 Adds “electronic device” to phone
“Forfeiture by Wrong Doing”
“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)”
Warrants for Data
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
Electronic Funds Transfer
PC 31.06, 41, 45 Insufficient Funds crime includes “site order” to presumption of theft by check
Venue – Computer Crimes
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
Extradition
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)
Extradition – JP Warning
- Crime Charged; 2. Demand for Surrender; 3. Right to procure counsel; 4. Right to apply for writ in Court of Record
