TMPA: Texas Municipal Police Association: State & Local Politics

Code of Criminal Procedure/Penal Code
HB 8	Riddle Deuell	Relating to the prosecution, punishment and supervision of certain sex offenders and to certain crime involving sex offenders.
	Effective 9-1-07 Capital Punishment - 2 nd Offense of Sexual Assault of Child 6 years old or less or used force, threat of force, or deadly weapon to commit sexual assault of a child less than 14 years of age
	Creates the offense of continual sexual abuse of a child or children In 30 days or more – 2 or more acts of sexual abuse Victim under 14 years of age One or more victims Actor 17 years or older and victim younger than 14 Sexual Abuse Means Sexual Assault/Agg Sexual Assault Indecency with a Child other than touching Sexual Performance of a Child Kidnapping with intent to commit sexual abuse Burglary with intent to commit sexual abuse Defense to prosecution if Actor Was not more than 5 years older than youngest victim Did not use force or duress Was not required to register Did not have a reportable conviction 1 st degree felony 25-99 years Requires a 25 year minimum term of confinement if the victim was younger than 6 or if the victim was younger than 14 and the actor used force, threat or a deadly weapon Allows the Texas Attorney General to assist with the investigation and prosecution if requested Removes statute of limitations (SL) for sexual assault of a child (14 or younger), aggravated sexual assault of a child and indecency with a child* Makes SL 20 years from victims 18 th birthday for Sexual Performance of Child Agg Kidnapping with intent to commit sexual assault Burglary with intent to commit sexual assault* NO Judge Ordered Probation for Sexual Performance of Child No Community Supervision for Indecency with a child Sexual assault (s/a) Agg. s/a Kidnapping with intent to commit s/a No deferred adjudication if Victim is younger that 6 years of age Or victim is younger than 14 and the actor uses force, threat, or a deadly weapon No Parole for Indecency with a child Sexual Assault of a child Sexual Performance of a child Continuing Sexual Abuse of Child Adds the age of the victim to an actors CCH Allows for GPS tracking of offenders Makes harboring a fugitive or a reporting violation a 3 rd degree felony Enhances Sexual Performance of a Child if The actor compels or induces the act and the victim is younger than 14 (1 st degree felony) The actor promotes the performance (distributes it) and the victim is younger than 14 (2 nd degree felony) *NOTE: If the statute of limitation had not yet expired on an offense under this section, it has not been extended to the limitation. If the statute of limitation had already expired, the new limitations cannot be applied.
HB 73	Flynn Van De Putte	Relating to the protection of customer telephone records.
	Effective 9-1-07 Creates an offense if someone fraudulently obtains personal information from cell phone records Misdemeanor A
HB 95	Martinez Hinojosa	Relating to interference with child custody in violation of a temporary child custody order.
	Effective 9-1-07 Adds temporary court orders to interference
HB 126	Delisi Seliger	Relating to the offense of engaging in organized criminal activity.
	Effective 9-1-07 Adds possession or use of a dead person’s ID with the intent to defraud to offense of fraudulent use of identifying information Adds tampering with a governmental record to the offenses that make organized crime
HB 184	Hochberg	Relating to an exception to consent as a defense to assaultive conduct.
	Effective 9-1-07 Can’t use consent to assault if the assault is related to gang initiation.
HB 195	Gonzalez Toureilles Hegar	Relating to the transfer of certain abandoned or forfeited property to county or municipal agencies.
	Effective 9-1-07 Allows for the transfer or loan of a vehicle forfeited between county, municipal, and school districts
HB 401	Brown, Betty Zaffirini	Relating to the use of text messages and other electronic media to commit certain sexual offenses against minors or certain students.
	Effective 9-1-07 Adds illicit communications (P.C. 33.021) to inappropriate relationships between student and teacher Adds text messaging to illicit communications
HB 413	Eissler Carona	Relating to erecting certain signs on certain rights-of-way.
	Effective 9-1-07 The Sheriff or Constable or a designee may remove an unauthorized sign with an estimated value of $25 or less without giving notice
HB 434	Madden Whitmire	Relating to the appointment of certain employees of the Department of Criminal Justice as peace officers for certain purposes.
	Effective 6-15-07 Creates the a division of peace officer to manage TCJC related issues
HB 460	Miller Hegar	Relating to the offense of fraudulent use or possession of a person's identifying information.
	Effective 9-1-07 Adds deceased person to the list of identifying information Enhances the offense as follows State Jail Felony if number of identifying items involved is less than 5 Felony 3 if number of identifying items involved is 5 or more but less than 10 Felony 2 if number of identifying items involved in 10 but less than 50 Felony 1 if number of identifying items is for or more.
HB 485	Van Arsdale Hegar	Relating to the collection and amount of restitution authorized to be collected from persons with or convicted or certain misdemeanor offenses.
	Effective 9-1-07 Allows law enforcement agency that prosecutes bad checks to collect restitution Increase maximum restitution to $5,000
HB 495	Bonnen Seliger	Relating to the punishment for assault of emergency services personnel.
	Effective 9-1-07 Adds firefighters, emergency service personnel and people who work or volunteer to provide services during an emergency to the enhancements under assault
HB 649	McCall Carona	Relating to the fraudulent use of child's identifying information.
	Effective 9-1-07 Adds “with intent to defraud or harm” and Possesses identifying information of a child younger than 18 to fraudulent use of identifying information (PC 32.51)
HB 872	Otto Nichols	Relating to the prosecution of and punishment for the offense of tampering with or fabricating physical evidence.
	Effective 9-1-07 Enhances tampering with evidence to a 2 nd degree felony if evidence is a human corpse or remains
HB 887	Giddings Ellis	Relating to the statute of limitations for the offenses of credit card or debit card abuse and fraudulent use or possession of identifying information.
	Effective 9-1-07 Makes statute of limitation 7 years for Credit or debit card abuse Making false statements to obtain credit Fraudulent use of identification
HB 916	Menendez Van De Putte	Relating to the prosecution and punishment of dog fighting.
	Effective 9-1-07 Removes language requiring pecuniary benefit
HB 946	Miller Whitmire	Relating to conduct that constitutes the offense of endangering a child.
	Effective 9-1-07 Clarifies the presumption of Endangering a Child (younger than 15) Manufactured, possessed, or in any way introduced into any person, meth Conduct related to a child’s accessibility or proximity to meth and a blood test of child showed presence of meth Person in anyway introduced a controlled substance from penalty group 1 while in care custody or control of a child Amends Health and Safety Code (see below)
HB 959	Bonnen Seliger	Relating to the statute of limitations for the offense of injury to a child.
	Effective 9-1-07 Extends Statute of Limitation for injury to a child to 10 years after the child’s 18 th birthday
HB 963	Guillen R. West	Relating to providing notice of the release or escape of a defendant to certain crime victims and witnesses in criminal trials.
	Effective 9-1-07 Adds witness who testify against a defendant to the automatic notification list of convicts release or escape Excepts peace officers
HB 964	Guillen Hinojosa	Relating to allowing certain students to carry a weapon while en route to and from a law enforcement class.
	Effective 9-1-07 Exempts students in a law enforcement academy from handgun laws if on premises or in route to or from the premises
HB 1093	Geren Harris	Relating to the offense of funeral service disruption.
	Effective Immediately Extends the distance for disrupting a funeral service from 500 to 1,000 feet
HB 1121	Anchia Van De Putte	Relating to judicial findings regarding victims of trafficking and related offenses.
	Effective Immediately Allows for a judicial finding of human trafficking Amends Penal Code 22A.01 Amends “forced labor” definition Specifically include prostitution That if a person causes another to believe that they or someone else will suffer bodily injury That if a person is restrained or threatened with their restraint of the restraint of another Destroying or withholding the person’s or another person’s biographical or government paperwork Threatening the person with abuse of the law? Threatening to report a person or another person to immigration Indentured servitude Any scheme to make a person submit to forced labor
HB 1212	Pierson Harris	Relating to the penalties for intoxication assault and intoxication manslaughter and to the sentencing of defendants convicted of those offenses.
	Effective 9-1-07 Enhances intoxication assault and intoxication manslaughter if the victim was a peace officer, fire fighter, or emergency med tech assisting a motorist
HB 1586	Flores Lucio	Relating to the creation of the offense of illumination of an aircraft by intense light.
	Effective 9-1-07 Offense if person intentionally directs an intense light at an aircraft and the light is sufficient to impair the operators ability Class C Misdemeanor unless the light actually impairs the operators ability then it’s a Class A
HB 1766	Pena Carona	Relating to the punishment for theft of aluminum, bronze, or copper wiring.
	Effective 9-1-07 Makes it a state jail felony to steal less than $20,000 of copper, aluminum or bronze wire
HB 1767	Pena Carona	Relating to the punishment for criminal mischief committed by interfering with certain transportation signs, signals, or devices.
	Effective 9-1-07 Makes it a Felony 3 to damage a transportation communication device (theft of wire) if the damage is less than $100,000
HB 1804	Gattis Odgen	Relating to the prosecution of the offense of improper photography or visual recordings.
	Effective 9-1-07 Amends improper photography Broadcasts or transmits a visual image of a person without the person’s consent and with the intent to sexual gratify someone; or Photographs a person in a bathroom or locker room without consent and with intent to sexual gratify or invade privacy Adds broadcasts or transmits the image if the person knows it fits the statements above States that a sign warning of video or photography does not establish the person’s consent

HB 1815	Isett Hinojosa	Relating to the prosecution of certain offenses that involve carrying weapons on a person's property or in a person's vehicle.
	Effective 9-1-07 Again changes the prohibited weapons statute related to handguns Basically a person only commits an offense if they are carrying a hand gun and they are not On their own premises or in their own car or walking to their own car Carrying a gun in plain view in a car or while they are involved in another crime except class C traffic, prohibited by law from carrying a handgun, or a member of a criminal street gang Premises includes any real property or recreational vehicles include travel trailers The rest of the exceptions to the statute remain the same IT IS NO LONGER ILLEGAL TO POSSESS ANY KNIFE OR CLUB IN YOUR VEHICLE.
HB 1887	Truitt Whitmire	Relating to the punishment for and prevention of the offense of burglary of vehicles.
	Effective 9-1-07 Makes a 2 nd conviction a minimum term of confinement of 6 months or 1 year community supervision 3 or more convictions is a state jail felony Any prior BMV is eligible for enhancements when bill takes effect
HB 1988	Martinez Hinojosa	Relating to the issuance of a protective order for a victim of the offense of a sexual assault or aggravated sexual assault.
	Effective 9-1-07 Allows a parent or guardian of a child younger than 17 who is a victim of a sexual assault to apply for a protective order for the child The protective order could last for the life of the victim or any period decided on by the court if the court believes there is a threat of further violence Otherwise the protective order will last two years unless the subject of the order is confined and then it will last one year from the person’s release The victim or a person representing the victim may file an application with the court to resend a protective order issued under this statute
HB 2101	Haggerty Jackson	Relating to the authority of a commissioned security officer to carry certain weapons.
	Effective 9-1-07 Allows persons properly licensed as a personal protection officer to carry their firearm concealed if in actual execution of duties or in route to or from those duties
HB 2210	Bolton Ellis	Relating to a requirement that a local law enforcement agency provide the victims of certain offenses with a copy of the incident report.
	Effective 9-1-07 A Peace Officer must make a report for assault, aggravated assault, sexual assault and agg. sex assault, and terroristic threat A law enforcement agency must make a copy of the report available to the victim at no cost unless exempt from disclosure under 552 Government Code or some other law Report must include the name of the suspect and complainant and the dates, time and location
HB 2300	Paxton Hegar	Relating to the carrying of weapons by certain judges and justices and district and county attorneys.
	Effective Immediately Allows judges, justices, district attorneys, county attorneys and their assistants to obtain a concealed carry permit without taking the class and carry a concealed firearm Must qualify with a TCLEOSE certified handgun instructor
HB 2328	Woolley Whitmire	Relating to the offenses of cruelty to livestock and nonlivestock animals.
	Effective 9/1/07 This bill seeks to close loop hole in current animal abuse statutes that allowed for Drowning shelter dogs in crates in the city sewage tanks Burning and mutilating live kittens Killing puppies with power lawn mowers Staking dogs with no water or food
HB 2391	Madden Seliger	Relating to the appearance of certain misdemeanor offenders before a magistrate.
	Effective 9/1/07 This bill allows an officer to issue a citation instead of jailing a person alleged to have committed the following Class A or B Misdemeanors If the person lives in the county If the person is charged with possession of marijuana If the person is charged with criminal mischief or graffiti If the person is charged with Class B Misdemeanor theft unless it is as an enhancement (but not class A theft) If the person is charged with Class B Misdemeanor theft of services (but not class A) If the person is charged with contraband in a correctional facility as a Class B Misdemeanor If the person is charged with driving while license invalid.
HB 2703	Woolley Gallegos	Relating to interference with the duties of a public health professional.
	Effective 9-1-07 Adds a person responsible for assessing, enacting, or enforcing public health as long as the person is Investigating a particular site within the person’s responsibility The person is acting in accordance with the safety policies and procedures of the site Person is performing duties authorized by the Agricultural Code, Health and Safety Code, or Water Code
HB 2884	Dutton Hinojosa	Relating to juvenile delinquency.
	Effective 9-1-07 Inhaling paint, glue or other items is conduct in need of supervision Provides that statute requires a “recorded” statement, not necessarily a video taped statement Requires that a magistrates determination of “voluntariness” of the statement be written and signed by the magistrate Allows the use of pseudonyms for victims of juvenile crime Adds the term or changes the definition of “correctional facility” to the offenses of permitting or facilitating escape, implements for escape, improper contact with victim, and contraband in correctional facilities Adds that an employee of TDCJ/TYC or local juvenile probation department can’t have sex with someone they supervise
HB 3131	Cook, Robby Hegar	Relating to the issuance of certain search warrants.
	Effective 9-1-07 Allows any magistrate to issue an evidentiary search warrant if in that county there is no: Judge of a municipal court of record County court judge who is an attorney Or a statutory court judge
HB 3584	Pena Van De Putte	Relating to the creation of the offense of organized retail theft.
	Effective 9-1-07 Offense if person conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or destroys Stolen retail merchandise or Items they think are stolen retail merchandise The value is not less than $1,500 $1,500 to $19,999 – state jail felony $20,000 to $99,999 – 3 rd degree felony $100,000 to $199,999 – 2 nd degree felony $200,000 or more – 1 st degree felony Offense is enhanced at trail if person is shown to have managed, financed, organized, or supervised someone involved in the theft Offense is enhance at trail if person is shown to have created a distraction by sounding an alarm
HB 3659	Dunnam Ellis	Relating to the disclosure of the name of a student or minor who is involved in an improper relationship with an educator.
	Effective 9-1-07 The name of the person enrolled in school that was the victim of improper sexual relationship may not be released and is not open records
HB 3672	Bohac Ellis	Relating to mobile food units in certain populous counties.
	Effective 9-1-07 Adds the written document that a roach coach is required to obtain to the list of official government records under tampering with a government record
SB 6	Zaffirini Pena	Relating to the apprehension, prosecution, and punishment of individuals committing or attempting to commit certain sex offenses.
	Effective 9-1-07 Allows the superintendent of a school to notify certain personnel if a student is required to register as a sex offender Requires internet provides servicing this state to respond to a subpoena, search warrant, or other court order that relates to online solicitation of a minor Provider must respond within 10 days of receipt or petition the court to excuse them from the order, but, A provider must respond within 2 days if a the situation is such that a person is threatened with death or serious bodily injury Requires an internet provider to save all pertinent information upon the request of a law enforcement agency pending the execution of a subpoena, search warrant etc. 90 days with a 90 day extension AG will create a database on internet providers
SB 11	Carona Corte	Relating to homeland security.
	Effective Section by section Creates the Texas Mutual Aid System Outlines mechanisms for requesting mutual aid Exempts Authorized Emergency Vehicles from paying tolls (regardless of emergency response) Defines “police vehicle” as follows a vehicle of a governmental entity primarily used by a peace officer, as defined by Article 2.12, Code of Criminal Procedure, for law enforcement purposes. Certain relief organizations may operate “emergency vehicles” during disasters Expands the list of offenses for which a wiretap may be obtained Kidnapping and Agg Kidnapping Trafficking of Persons Money Laundering in certain cases Requires that dealer temp tags be searchable in TCIC Amends “unauthorized reproduction of a temporary tag” to include the unauthorized purchase, use or sale and An offense involving a violation of: (1) Section 503.067(b) [operate a vehicle with bad temp tag] or (c) [purchase of bad temp tag] is a Class C misdemeanor; (2) Section 503.067(d) [sell or distribute] is a Class A misdemeanor; (3) Section 503.067(a) [make] is a state jail felony; and (4) Section 503.067(b), (c), or (d) is a state jail felony if the person who committed the offense criminally conspired to engage in organized criminal activity. Allows private universities to commission peace officers to enforce state law and local ordinances Either on campus or in other locations if the officers is performing duties assigned by the school or backing up another officer Allows a private university (SMU) to inter into inner-local agreements with municipalities to provide security services Gives officer employed under that mutual agreement the right to appeal discipline to an independent arbitrator Makes similar changes to human trafficking as covered above Allows a parent or guardian of a child to obtain information held by law enforcement relating to the child participation in a gang Law enforcement agency may make reasonable efforts to ensure the identity of the person Requires public officials (including peace officers) to take a 3 hour training course on emergency response and preparedness offered by the Homeland Security Division
SB 74	Lucio Guillen	Relating to the creation of an address confidentiality program to assist victims of family violence, sexual assault, or stalking in maintaining confidential addresses.
	Effective 6-15-07 Allows the AG to set up an address confidentiality program
SB 103	Hinojosa	Relating to the operations of the Texas Youth Commission.
SB 244	Williams Riddle	Relating to the temporary sealing of certain affidavits on which search warrants are based.
	Effective 9-1-07 Allows for a court to temporarily seal the affidavit In the interest of the victim, witness or informant or Information regarding a court ordered wiretap that has not concluded
SB 378	Wentworth Driver	Relating to the use of force or deadly force in defense of a person.
	Effective 9-1-07 Provides for the justified use of deadly force To defend a person’s home, place of business, or vehicle If a person unlawfully used force to enter, or tried to enter Or was committing or attempting to commit agg kidnapping, murder, sexual assault or agg sexual assault, robbery, or agg robbery Castle Doctrine
SB 563	Ogden	Relating to assistance by the attorney general in the prosecution of certain offenses involving the unlawful appropriation or misapplication of state property.
SB 584	Carona Pena	Relating to the issuance or violation of an order for emergency protection on the basis of the offense of sexual assault or aggravated sexual assault.
	Effective Immediately Allows a victim of sexual assault or agg sexual assault to seek a temporary protective order
SB 823	Whitmire Riddle	Relating to the interception of or the collection of other information from certain communications in an investigation of criminal conduct.
	Effective Immediately Expands the list of authorized law enforcement personnel Sheriff’s Department for a county with a population of 3.3 million or more Municipality with a population of 500,000 or more Agency must create a policy and submit to the director of DPS for approval Agency must submit a list of all officer who are authorized to possess and use wiretapping equipment Agency must submit a list of related expenditures to the DPS and DPS must publish the numbers The sheriff or chief of a designated agency may issues an administrative subpoena to communications companies for records Must report the subpoena to DPS
SB 877	Seliger Vaught	Relating to a limitation on judge-ordered community supervision for a defendant convicted of first-degree felony injury to a child.
	Effective 9-1-07 Prohibits judge ordered community supervision if convicted of felony 1 injury to a child

HB 2112

Patrick, Diane

Hegar

Relating to banning handguns and certain other weapons from parking areas associated with schools or educational institutions.

Effective 9-1-07

Person commits an offense if they intentionally exhibit, threaten to exhibit, uses or threatens to use a firearm on any public or private school premises including any parking facility

Felony 3

*Family Code*

HB 776	Dutton Janek	Relating to the delivery of a child taken into custody under the juvenile justice system to a school official.
	Effective 9-1-07 Allows peace officer to take a child whom the officer has arrested to the child’s school and release the child to a principal or peace officer
SB 723	Lucio Rose	Relating to requiring that the Department of Family and Protective Services maintain and report certain information in connection with the placement of children.
	Effective Immediately Peace Officer who handles a disturbance call that may involve family violence shall Determine if the parties involved live at a registered foster home Within 24 hours, make a report to CPS if either the address of the family violence call or the address of the persons involved matches that of a registered foster home CPS and DPS are working out how to put the addresses on TCIC
SB 758	Nelson	Relating to child protective services.
	Effective Immediately Creates the offense of operating a day care facility without a qualified director (Class B)
*Government Code*
HB 76	Naishtat Zaffirini	Relating to the collection and analysis of information relating to certain sexual offenses.
	Effective 9-1-07 Requires officers to complete a statistical report on sexual assault and agg sex assault like the family violence form
HB 2667	Latham Deuell	Relating to insurance coverage for volunteer firefighters and volunteer police force members.
	Effective 9-1-07 Requires agencies to carry insurance to cover line of duty injury for reserve officers
HB 3613	Latham Deuell	Relating to identification cards issued to peace officers, reserve law enforcement officers, and honorably retired peace officers by a law enforcement agency or other governmental entity.
	Effective 9-1-07 mostly Defines “full-time”, “part-time”, and “retired” peace officer Agency shall issue ID card to full-time, part-time and reserve officers that must contain; Name, photograph, name of agency, signature of authority, brief description of officer, thumb print of bar code, date of appointment, date of card issue, and a 24/7 phone number “The State of Texas ” and the state seal “This identification card certifies that (insert name of officer) is commissioned by (insert name of agency) as a (insert full-time, part-time, or reserve) peace officer May issue ID to an honorably retired officer ID must be tamper proof
SB 112	Carona Corte	Relating to the confiscation of firearms and ammunition during a state of disaster.
	Effective Immediately A Peace Officer may disarm an individual during a disaster only if the officer feels it is necessary to protect the officer or another Must return the firearm before ceasing to detain the person unless the person is arrested
SB 1709