2009 Legislative Update

1. 2009 Legislative Update BEAXR COUNTY CONSTABLES OFFICE PCT4 CAPTAIN ARTHUR BURFORD 2009 TDCAA Legislative Update

2. Effective Dates • For an offense, the new law only applies if all of the elements of the offense occur on or after September 1, 2009 • For a procedural change, the new law can apply to any proceeding held on or after September 1, 2009, regardless of the offense date • READ THE BOOK for the proper construction K

3. Locating a Bill • To get the full text of a bill, find the bill number in the Legislative Update Manual • Go to www.capitol.state.tx.us. • Under “Search Legislation”, select “81(R) -2009”, type in the bill number, and press the “Go” button. • Select “Text” and then select “Enrolled version” of text 2009 TDCAA Legislative Update

4. Penal Code Changes

5. Public Intoxication • PC 8.07 – kid < 15 shall be prosecuted for PI in municipal/JP court, not juvenile court • CCP 14.031 - excludes PI • CCP 45.058 – • FC 51.03, 51.08

6. PC 12.50. Penalty if Offense Committed in Disaster/Evacuated Area • One category higher if the following offenses are committed in one of those areas: • Theft • Burglary • Robbery • Assault

7. PC15.031 “Tough on Gangs” Changes • Criminal solicitation of gang activity = same penalty as the solicited offense (not one degree lower)

8. PC 20A.01 Human Trafficking • Enhancement for crimes against young victims now applies to compelling prostitution and sexual performance by a child (but not mere prostitution) • no mistake of age defense

9. Spousal Relationship • “Not the spouse” elements changed into affirmative defenses for these offenses: • PC 21.11 (Indecency with a child) • PC 21.12 (Educator/student) • PC 22.011 (Sexual assault of a child) • PC 39.04 (Sex with person in custody) • Makes it the same category as a Romeo & Juliet affirmative defense

10. PC 22.01. Assault-FV • New strangulation/suffocation enhancement for family violence cases • “… impede the normal breathing or circulation of the blood by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth” • Assault-FV 1st: 3rd degree felony • Assault-FV 2nd: 2nd-degree felony 2009 TDCAA Legislative Update

11. PC 22.02. Aggravated Assault • “Drive-by” enhancement to 1st-degree felony if: • Cause serious bodily injury • By discharging a firearm • From a vehicle • At or in the direction of a habitation/building/ vehicle • Reckless as to whether the habitation/ building/vehicle is occupied 2009 TDCAA Legislative Update

12. PC 22.04 Injury-Disabled Victim • 2nd degree felony if an employee of a mental retardation care facility intentionally or knowingly causes bodily injury to a disabled person in his care 2009 TDCAA Legislative Update

13. PC 25.02. Prohibited Sexual Conduct • Cousins are back to a 3rd degree • Direct relations (parent/child, grandparent/child) are a 2nd degree

14. PC 25.11. Continuous Family Violence • 3rd degree felony to commit 2 or more (unadjudicated) Class A Assault-FV cases within 12 months • When 2nd assault occurs before court concludes the 1st case • Same or different victims • Both cases must occur after 09/01/09 • Do not use an un-investigated case to enhance

15. PC 28.02. Arson • Reckless arson • Fixes mistake from 2005 addition • Changes punishment enhancement into new manner and means • New elements: • Intentionally start a fire/cause explosion and either: • Recklessly damage/destroy property or • Recklessly cause SBI/death to another • State jail felony

16. PC 28.03. Criminal Mischief • All criminal mischief that impairs a utility or public service (phone/cable/gas/transp./etc.) in an amount ≤ 20K is a SJF. 2009 TDCAA Legislative Update

17. PC 28.08 Graffiti • No longer limited to “aerosol” paint 2009 TDCAA Legislative Update

18. PC 30.05. Criminal Trespass • “Property” includes RV parks • Defenses expanded to include utility employees, et al. • Punishment revised to include a new Class C for trespass on residential land w/in 100 feet of river or stream

19. PC 31.03. Theft • Driver’s license = Class B misdemeanor

20. PC 31.03. Theft • Copper/bronze/ aluminum plumbing = minimum state jail felony

21. PC 31.03. Theft • < 10 sheep, swine, or goats = minimum SJF • 10+ sheep, swine, or goats = minimum 3F • Any number of cattle, horses, exotics = minimum 3F

22. PC 31.03. Theft • Increased to the next highest category if the victim is a non-profit corporation

23. More New Punishments • PC 32.21 – Forgery • PC 32.31 – Credit/Debit Card Abuse • PC 32.51 – Fraudulent Use or Possession of Identifying Information • All increased one category if victim is elderly

24. PC 33.07. Online Harassment • Internet forgery • Elements: • Create a webpage or post a message using another person’s name • On a “commercial social networking site” • Without consent • With intent to harm/defraud/intimidate/threaten any person • MySpace, Facebook, Twitter, etc. • 3rd degree felony

25. PC 33.07. Online Harassment • Electronic Forgery • Elements: • Send an e-mail or text message that appears to come from another (real) person • Without consent • With intent to harm/defraud any person • Class A misdemeanor

26. PC 37.10 Tampering with Governmental Record • Now a 3rd degree felony if record is a forensic analysis document • New defense if document has “NOT A GOVERNMENT DOCUMENT” printed on front and back diagonally in red capital letters at least ¼ inches high

27. PC 38.04 Evading Arrest • Now a Class A Misdemeanor • 2nd offense = state jail felony

28. PC 38.11. Prohibited Substances and Items in Correctional Facility • Creates the following new 3rd-degree felonies: • Possession of a cell phone while in jail custody (formerly a Class C misdemeanor) • Possession of a prohibited substance/item with intent to provide it to a person in custody • attempting to take a controlled substance or drug into a correctional facility • Paying for a cell phone or cell phone service with the intent that it be delivered to or used by a person in custody

29. 38.14. Taking or Attempting to Take Weapon from … • Expanded to include: • Employees or officials of a correctional facility • Commissioned security officers

30. PC 38.152. Interference with Gov’t. Radio Frequency • Class A misdemeanor • SJF if committed with the intent to facilitate the commission of another crime or interfere with an emergency response

31. PC 42.10. Dog Fighting • Now includes dog fighting equipment • New manner and means: “own or possess dog fighting equipment” with intent to train for or further dog fighting • Class A misdemeanor • Dog fighting also added to • PC 71.02 (Engaging in Organized Criminal Activity) • CCP Chapter 59 (Asset Forfeiture)

32. Human Trafficking • PC 43.02. Prostitution • New defense if prostitute is a victim of human trafficking • PC 43.05. Compelling Prostitution • Increases age of victim from 17 to 18 • no mistake of age defense

33. This is NOT a switchblade • PC 46.01 (Definitions) – “switchblade” does NOT include “one-hand opener” or “assisted opener” knives like this one.

34. PC 46.03 Places Weapons Prohibited • Security officers can only carry into/in the secure areas of an airport if: • In uniform with weapon in plain view; or • Out of uniform with weapon concealed. • Side note: no longer have a defense for carrying a CLUB into/in secure areas of an airport

35. PC. 46.035. Concealed Handgun License Defense • CHL holders may now take their weapon into a “51%” premises (bars, etc.) if the location does not have a sign putting CHL holders on notice

36. PC 46.14. Firearm Smuggling • Knowingly engage in the business of transporting or transferring firearms acquired in violation of state or federal law • Punishment: • 3rd-degree felony • 2nd-degree felony if 3+ firearms in single criminal episode

37. PC 46.15. Nonapplicability • Juvenile Probation Officers can carry firearms if approved by their chief JPO • Personal Protection Officers’ defense under PC 46.02 (UCW) only applies if: • In uniform and carrying in plain view, or • Out of uniform and concealed • Animal Control Officers can carry “bite prevention sticks”

38. PC 71.02. Engaging in Organized Criminal Activity • This offense/enhancement now applies to: • Escape • Permitting or Facilitating Escape • Implements for Escape • Prohibited Substances/Items behind bars • Dog Fighting • Unlawful Transfer of Certain Weapons • Firearms Smuggling 2009 TDCAA Legislative Update

39. “Tough on Gangs” Changes • PC 71.022 - PC 22.015 repealed and rolled into 71.022 (Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang) • Now includes threats to child’s family • PC 71.023 – Gang Kingpin • new 1st-degree felony offense • PC 71.028 – Gang-Free Zones • Double-enhancement for certain EOCA crimes

40. Code of Criminal Procedure Changes

41. Racial Profiling • CCP 2.132-.1385 (eff. 1-1-10) • Limits reporting to motor vehicle stops (no pedestrians, etc.), but otherwise expands the information that must be reported • New category: “Middle Eastern” race/ethnicity • TCLEOSE must track the data sent by local agencies 2009 TDCAA Legislative Update

42. New Required TCLEOSE Training • De-escalation and crisis intervention • Child abuse/neglect, FV, sexual assault, CV rights, etc. (for intermediate cert.) • Human trafficking • *Recent legislative changes pertaining to peace officers* 2009 TDCAA Legislative Update

43. CCP 14.06 – Class C Tickets • Class C citations MUST include admonition about firearms consequences • Use for Class C “family violence” offenses 2009 TDCAA Legislative Update

44. CCP 16.22 Mental Health Issues • Early Identification • Requires sheriff with any “credible information” about a defendant’s mental illness/retardation to report it to court in writing or electronically • Accelerates and records the MHMR assessment • Assessment may be used at punishment

45. CCP 17.292 Emergency Protective Orders • Magistrate MUST suspend Defendant’s CHL 2009 TDCAA Legislative Update

46. CCP 17.41. Mandatory Bond Condition – Child Victim • Applicable to crimes committed against a child under 14 (instead of 12): • PC Chapter 21 (Sexual Offenses) • PC Chapter 22 (Assaultive Offenses) • PC 25.02 (Prohibited Sexual Conduct) • PC 43.25 (Sexual Performance by a Child) • Magistrate MUST impose a “no contact with child victim” condition on bond, with same certain exceptions

47. CCP 17.153. Denial of Bail for Violation of Bond ConditionChild Victim • Applicable to certain felony sex crimes committed against a child under 14: • PC Chapter 21 (Sexual Offenses) • PC 25.02 (Prohibited Sexual Conduct) • PC 43.25 (Sexual Performance by a Child) • Violation of condition of bond under CCP 17.41 related to safety of victim/community can = revocation and denial of bail pending trial

48. CCP 17.49. Bond Conditions Family Violence Cases • Authorizes magistrate to require certain conditions: • No contact • GPS monitoring • Pay costs of system notifying victim when defendant is near

49. Blood Draws by Search Warrant • New CCP 18.01(j) permits ANY magistrate who is a licensed attorney to issue an evidentiary search warrant for blood in a DWI investigation

50. Blood Draws by Search Warrant • This means the following magistrates can issue such a warrant if they are a lawyer: • Justices of the courts of appeals • Locally appointed masters/magistrates/ associate judges • Constitutional county judges • Mayors • Justices of the peace • Judges of non-record municipal courts