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State and Federal Law Update September, 2009

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Presentation on theme: "State and Federal Law Update September, 2009"— Presentation transcript:

1 State and Federal Law Update September, 2009
T.C.L.E.O.S.E Course 3181 Updated September 1, 2009 Updated Texas Commission on Law Enforcement Officer Standards and Education

2 STATE AND FEDERAL LAW UPDATE TCLEOSE COURSE 3181
This course was developed utilizing resources provided by: Texas District & County Attorneys Association; Justices of the Peace and Constables Association of Texas; Public Agency Training Council and . September 1, 2009 Updated Texas Commission on Law Enforcement Officer Standards and Education

3 STATE AND FEDERAL LAW UPDATE September, 2009
THIS COURSE CONTAINS: SELECTED BILLS FROM THE 81ST LEGISLATURE THAT HAVE SIGNIFICANCE TO THE APPLICATIONS OF STATE LAWS SELECTED RECENT UNITED STATES SUPREME COURT DECISIONS TO AID OFFICERS IN THE FIELD September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

4 Texas Commission on Law Enforcement Officer Standards and Education
COURSE OBJECTIVES ON COMPLETION OF THE COURSE: OFFICERS WILL BE ABLE TO STATE CHANGES/ADDITIONS IN PENAL CODE OFFICERS WILL BE ABLE TO STATE CHANGES IN CODE OF CRIMINAL PROCEDURE OFFICERS WILL BE ABLE TO STATE CHANGES/ADDITIONS AND IMPORTANT DELETION IN TRANSPORTATION CODE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

5 Texas Commission on Law Enforcement Officer Standards and Education
COURSE OBJECTIVES OFFICERS WILL KNOW NEW LEGISLATIVE MANDATES FOR TRAINING ENACTED IN OCCUPATIONS CODE OFFICERS WILL BE ABLE TO STATE THE IMPACT IN THE FIELD FROM LISTED RECENT SUPREME COURT CASES September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

6 EVALUATION OF COURSE OBJECTIVES
OFFICERS WILL PASS A WRITTEN OBJECTIVE TEST TO A STANDARD OF 70% September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

7 STATE AND FEDERAL LAW UPDATE
TO FOLLOW ARE THE HIGHLIGHTS OF BILLS THAT WERE PASSED IN THE 81ST LEGISLATIVE SESSION THAT AFFECT LAW ENFORCEMENT. TO VIEW THE BILL, GO TO ENTER THE BILL NUMBER, THEN SELECT THE “ENROLLED” VERSION, OR GO TO: September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

8 STATE AND FEDERAL LAW UPDATE
FOR REFERENCE AND FINDING ADDITIONAL INFORMATION: EACH SLIDE CONTAINS THE BILL NUMBER THAT CREATED OR AMENDED THE STATUTE; and THE STATUTE THE BILL CHANGED. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

9 Texas Commission on Law Enforcement Officer Standards and Education
PENAL CODE IMPACT MORE “CONTINUOUS-COURSE-OF- CONDUCT” OFFENSES ADDITIONAL ELDERLY PROTECTIONS MORE “TECHNICAL” OFFENSES: INCLUDING “SPOOFING” September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

10 Texas Commission on Law Enforcement Officer Standards and Education
PENAL CODE IMPACT ADDITIONS TO CRIMES THAT CAN BE PROSECUTED AS ORGANIZED CRIME NEW OFFENSE AND ENHANCEMENTS FOR FAMILY VIOLENCE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

11 Texas Commission on Law Enforcement Officer Standards and Education
PENAL CODE IMPACT CLEAN UP OF GANG LAWS WITH ADDITION FOR “GANG KINGPIN” ACTIVITIES; CREATION OF GANG DATABASE MORE ON HUMAN TRAFFICKING September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

12 Texas Commission on Law Enforcement Officer Standards and Education
PENAL CODE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

13 P.C. 12.31 SB 839 PUNISHMENTS-CAPITAL FELONY
RESTORES ELIGIBILITY TO JUVENILE CAPITAL MURDER DEFENDANTS WHOSE CASES ARE TRANSFERRED TO ADULT COURT. ON THE LIFE SENTENCE CONVICTION, DEFENDANT IS ELIGIBLE FOR PAROLE AFTER 40 YEARS. APPLIES TO CAPITAL MURDER COMMITTED AFTER 9/1/2009. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

14 Texas Commission on Law Enforcement Officer Standards and Education
P.C SB 359 PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR EVACUATED AREA NEW SECTION: THE PENALTY FOR ASSAULT, ROBBERY, BURGLARY OR THEFT IS INCREASED TO THE NEXT HIGHER CATEGORY IF COMMITTED IN AN AREA SUBJECT TO: A DECLARATION OF DISASTER AN EMERGENCY EVACUATION ORDER September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

15 P.C. 12.50 SB 359 DISASTER AREA Cont'd
STANDARD ENHANCEMENTS: CLASS A INCREASES TO MINIMUM SENTENCE OF 180 DAYS FIRST DEGREE FELONY NOT APPLICABLE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

16 P.C. 8.07 HB 558 AGE AFFECTING CRIMINAL RESPONSIBILITY
THIS BILL REMOVED “OTHER THAN PUBLIC INTOXICATION” FROM (a)(4) MAKING IT POSSIBLE TO PROSECUTE A PERSON YOUNGER THAN 15 IN A JUSTICE OR MUNICIPAL COURT FOR P.I. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

17 HB 558 CHILDREN AND PUBLIC INTOXICATION
ALSO AUTHORIZES LAW ENFORCEMENT TO ISSUE FIELD RELEASE CITATION TO MINOR FOR PUBLIC INTOXICATION IF RELEASED TO PARENT, GUARDIAN, CUSTODIAN OR OTHER RESPONSIBLE ADULT. CCP , CCP September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

18 P.C. 20A.02 HB 4009 HUMAN TRAFFICKING
THREE CHANGES: “INTENTIONALLY” REMOVED FROM ELEMENTS RELATING TO A PERSON WHO ILLEGALLY BENEFITS FROM TRAFFICKING ENHANCES PUNISHMENTS FOR VICTIMS YOUNGER THAN 18 IN AND 43.25 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

19 P.C. 20A.02 HB 4009 HUMAN TRAFFICKING
APPLIES REGARDLESS OF WHETHER THE OFFENDER KNEW THE AGE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

20 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB ASSAULT TWO NEW ENHANCEMENTS FOR FAMILY VIOLENCE: 1 SUFFOCATION (BREATHING) 2 STRANGULATION (BLOOD CIRCULATION) THIRD DEGREE NOW, NOT CLASS A SECOND DEGREE FOR SUBSEQUENT FAMILY VIOLENCE ASSAULT September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

21 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 2066 Cont'd CONSIDER USING AGGRAVATED ASSAULT AS A SECOND OR FIRST DEGREE BASED ON LEVEL OF INJURY AND IF A WEAPON IS USED THE ADDITION IN ASSAULT ALLOWS FOR PROSECUTION OF “ANY AND ALL APPLICABLE OFFENSES” September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

22 P.C. 22.015 HB 2187 COERCING, SOLICITING OR INDUCING GANG MEMBERSHIP
REPEALED AND MOVED TO P.C : COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG ADDS THREATS OR INJURIES TO FAMILY MEMBERS September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

23 P.C. 22.02 HB 176 AGGRAVATED ASSAULT
SUBSECTION (b)(3) ADDED TO CREATE AN ENHANCEMENT SIMILAR TO THE ELEMENTS OF P.C DEADLY CONDUCT AGGRAVATED ASSAULT IS FIRST DEGREE FELONY IF SUSPECT IN A VEHICLE CAUSES SERIOUS BODILY INJURY BY DRIVE-BY SHOOTING September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

24 P.C. 22.04 SB 643 INJURY TO A CHILD, ELDERLY INDIVIDUAL OR DISABLED
ENHANCES PUNISHMENT FOR EMPLOYEE OF STATE-SUPPORTED LIVING CENTER (FORMERLY KNOWN AS STATE SCHOOL) OR IN AN INTERMEDIATE CARE FACILITY FOR MENTALLY RETARDED WHEN EMPLOYEE INTENTIONALLY OR KNOWINGLY CAUSES BODILY INJURY TO PERSON IN HIS CARE GOES FROM THIRD TO SECOND DEGREE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

25 P.C. 25.02 HB 2385 PROHIBITED SEXUAL CONDUCT
PUNISHMENTS CLEANED UP: ALL ACTS ARE THIRD DEGREE FELONY EXCEPT SECOND DEGREE WHEN COMMITTED BETWEEN A PERSON AND PERSON’S ANCESTOR (PARENT OR GRANDPARENT) OR DESCENDANT (CHILD, GRANDCHILD) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

26 P.C. 25.11 HB 2240 CONTINUOUS VIOLENCE AGAINST THE FAMILY
NEW CONTINUOUS-COURSE-OF CONDUCT-OFFENSE A THIRD DEGREE FELONY IF SUSPECT COMMITS TWO OR MORE FAMILY VIOLENCE ASSAULTS WITHIN A 12-MONTH PERIOD. NOTE: PRIOR CONVICTION(S) NOT REQUIRED (PRIOR INCIDENTS IS THE INTENT OF THIS STATUTE) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

27 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB ARSON “RECKLESS ARSON” OFFENSE STATE JAIL FELONY TO INTENTIONALLY START A FIRE OR CAUSE AN EXPLOSION AND AS A RESULT RECKLESSLY DAMAGE/DESTROY ANOTHER’S BUILDING, OR CAUSE BODILY INJURY/DEATH TO ANOTHER STATE JAIL FELONY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

28 P.C. 28.03 HB 1614 CRIMINAL MISCHIEF
IMPAIRMENT OR INTERRUPTION OF CERTAIN PUBLIC SERVICES (COMMUNICATIONS, TRANSPORTATION, UTILITIES, ETC.) WITH A LOSS OF LESS THAN $1500, WENT FROM A CLASS A TO STATE JAIL FELONY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

29 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 1633 GRAFFITI REMOVED “AEROSOL” QUALIFIER FROM TYPE OF PAINT NECESSARY TO COMMIT THE OFFENSE NOW STATE JAIL FELONY FOR SCHOOL, PLACE OF WORSHIP, CEMETERY, PUBLIC MONUMENT, OR COMMUNITY CENTER September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

30 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB GRAFFITI ADDITIONAL NOTE: CCP , CCP 42.14, FC REQUIRES THAT RESTITUTION BE MADE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

31 P.C. 30.05 HB 2609 CRIMINAL TRESPASS
“PROPERTY OF ANOTHER” INCLUDES RESIDENTIAL LAND, RECREATIONAL VEHICLE PARKS AND BUILDINGS September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

32 Criminal Trespass, Cont'd
NEW CLASS C FOR TRESPASS ON RESIDENTIAL LAND WITHIN 100 FEET OF “PROTECTED FRESHWATER AREA” (RIVER, STREAM) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

33 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 1282 THEFT ADDS SUBSECTION (e)(2)(C) TO MAKE THEFT OF DRIVER’S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE A CLASS B CAN BE PROSECUTED AS A FELONY UNDER 32.51, FRAUDULENT USE OF POSSESSION OF INDENTIFYING INFORMATION, IF INTENT TO HARM OR DEFRAUD IS PRESENT September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

34 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB THEFT THEFT FROM A GRAVE NOW INCLUDES A MILITARY MARKER STATE JAIL FELONY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

35 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 348 THEFT (e)(4)(F): NOW INCLUDES THEFT OF TUBING, RODS AND WATER STEMS; IF VALUED AT LESS THAN $20,000; AND CONTAINING AT LEAST 50% ALUMINUM, BRONZE, OR COPPER STATE JAIL FELONY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

36 Texas Commission on Law Enforcement Officer Standards and Education
P.C SB THEFT THEFT OF LESS THAN 10 (WAS 100) HEAD OF SHEEP, SWINE OR GOATS A STATE JAIL FELONY IF VALUE LESS THAN $20,000 THEFT OF 10 (INSTEAD OF 100) OR MORE HEAD OF SHEEP, SWINE OR GOATS A THIRD DEGREE FELONY IF VALUE LESS THAN $100,000 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

37 Texas Commission on Law Enforcement Officer Standards and Education
P.C SB THEFT Cont'd THEFT OF ANY NUMBER (INSTEAD OF 10 OR MORE) OF CATTLE, HORSES, EXOTIC LIVESTOCK OR EXOTIC FOWL IS A THIRD DEGREE FELONY IF VALUE IS LESS THAN $100,000 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

38 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 671 THEFT PROVIDES PUNISHMENT TO THE NEXT HIGHER LEVEL IF; VICTIM WAS A NON-PROFIT ORGANIZATION OFFENDER WAS A MEDICARE PROVIDER September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

39 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB FORGERY PUNISHMENT GOES TO NEXT HIGHER IF THE OFFENSE WAS COMMITTED AGAINST AN ELDERLY PERSON September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

40 P.C. 32.31 HB 2328 CREDIT CARD OR DEBIT CARD ABUSE
AMENDS SUBSECTION (D) TO INCREASE PUNISHMENT TO A THIRD DEGREE FELONY IF THE OFFENSE IS COMMITTED AGAINST AN ELDERLY INDIVIDUAL September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

41 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION INCREASES PUNISHMENT TO THE NEXT HIGHER LEVEL IF THE OFFENSE WAS COMMITTED AGAINST AN ELDERLY INDIVIDUAL DOES NOT APPLY TO CONDUCT ALREADY A FIRST DEGREE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

42 P.C. 33.07 HB 2003 ONLINE HARASSMENT
NEW OFFENSE TO ADDRESS MALICIOUS BEHAVIOR CONTAINS TWO SEPARATE CRIMES; “INTERNET IMPERSONATION” “SPOOFING” September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

43 INTERNET IMPERSONATION
USING THE NAME OR PERSONA OF ANOTHER TO CREATE A WEB PAGE OR MESSAGE ON A COMMERCIAL SOCIAL NETWORKING SITE, WITHOUT CONSENT OF THE PERSON AND WITH INTENT TO HARM, DEFRAUD, INTIMIDATE OR THREATEN ANY PERSON INCLUDES FACEBOOK, MYSPACE, TWITTER, ETC.: THIRD DEGREE FELONY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

44 Texas Commission on Law Enforcement Officer Standards and Education
“SPOOFING” OFFENSE IS SENDING AN ELECTRONIC MESSAGE ( , TEXT, IM, ETC.) DIRECTLY TO A RECIPIENT WHILE USING THE IDENTIFYING INFORMATION OF ANOTHER WITHOUT THE OTHER’S CONSENT WITH INTENT THAT THE RECEIVER BELIEVES THE SENDER REALLY SENT THE MESSAGE - CLASS A, BECOMES A THIRD DEGREE FELONY IF AN EMERGENCY RESPONSE IS A RESULT September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

45 Texas Commission on Law Enforcement Officer Standards and Education
“SPOOFING” Cont'd HARASSMENT, IS STILL THE OFFENSE TO USE FOR DIRECT COMMUNICATION BY THAT IS OBSCENE, THREATENING OR AN ALARMING FALSE RPORT September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

46 P.C. 37.10 HB 1813 TAMPERING WITH GOVERNMENTAL RECORD
ENHANCED TO THIRD DEGREE FELONY IF THE RECORD IS A FORENSIC ANALYSIS (EX. BREATH TEST RESULTS) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

47 P.C. 38.04 HB 221 EVADING ARREST OR DETENTION
INCREASES PUNISHMENT TO CLASS A FROM CLASS B PREVIOUS CONVICTION MAKES SUBSEQUENT CONVICTION A STATE JAIL FELONY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

48 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 3228 PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL FACILITY STATUTE CLEANED UP AND TITLE CHANGED CORRECTIONAL FACILITY NOW INCLUDES: MUNICIPAL OR COUNTY JAIL AND CONFINEMENT FACILITY CONTRACTED WITH TDC, SECURE JUVENILE CORRECTION OR DETENTION FACILITY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

49 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 3228 PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL FACILITY IT IS A THIRD DEGREE FELONY: TO POSSESS A PROHIBITED SUBSTANCE OR ITEM WITH INTENT TO PROVIDE TO INMATE TAKE OR ATTEMPT TO TAKE A CONTROLLED SUBSTANCE OR DANGEROUS DRUG ON THE PROPERTY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

50 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 3228 PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL FACILITY IT IS A THIRD DEGREE FELONY: TO POSSESS A CELL PHONE BY A PERSON IN CUSTODY AT A JAIL; AND TAKING VARIOUS ACTIONS WITH INTENT TO PROVIDE OR MAKE A CELL PHONE, WIRELESS COMMUNICATIONS DEVICE OR COMPONENT AVAILABLE FOR USE BY A PERSON IN CUSTODY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

51 Texas Commission on Law Enforcement Officer Standards and Education
P.C SB 1273 INTERFENCE WITH RADIO FREQUENCY LICENSED TO GOVERNMENT ENTITY NEW OFFENSE TO PREVENT INTERFERENCE WITH EMERGENCY RESPONSE AND LAW ENFORCEMENT OPERATIONS CLASS A, UNLESS USED IN COMMISSION OF ANOTHER CRIME, THEN STATE JAIL FELONY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

52 Texas Commission on Law Enforcement Officer Standards and Education
P.C SB 554 DOG FIGHTING CREATES AN ADDITIONAL WAY TO COMMIT THE OFFENSE ADDS “OWNS OR POSSESSES DOG FIGHTING EQUIPMENT WITH INTENT THAT IT BE USED IN FURTHERANCE OF DOG FIGHTING” IS A CLASS A September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

53 Texas Commission on Law Enforcement Officer Standards and Education
P.C DOG FIGHTING SB 554 ALSO ADDS DOG FIGHTING TO THE OFFENSES LISTED IN: P.C , ENGAGING IN ORGANIZED CRIMINAL ACTIVITY, CCP CHAPTER 59, FORFEITURE OF CONTRABAND September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

54 P.C. 43.05 HB 4009 COMPELLING PROSTITUTION
AMENDS SUBSECTION (a)(2) TO RAISE THE MAXIMUM AGE FROM 17 TO 18 THIS SUBSECTION NOW APPLIES REGARDLESS OF WHETHER THE OFFENDER KNEW THE AGE OF THE PERSON COMPELLED INTO PROSITUTION September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

55 P.C. 46.01 HB 4456 DEFINITIONS (WEAPONS)
SUBSECTION 11, SWITCHBLADE KNIFE DOES NOT INCLUDE A ONE-HANDED” OPENER OR “ASSISTED OPENER” KNIFE DESIGNED TO BE OPENED BY EXERTING FORCE ON THE BLADE TO OVERCOME A MECHANISM HOLDING THE BLADE CLOSED (SMALL POST OR INDENTATION) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

56 P.C. 46.07 SB 1188 INTERSTATE PURCHASE
UPDATES LAW TO COMPLY WITH FEDERAL LAW CHANGES TEXAS RESIDENTS, UNLESS OTHERWISE PRECLUDED BY LAW, MAY PURCHASE FIREARMS, AMMUNITION, ETC. IN ANY OTHER STATE NOT JUST CONTIGUOUS STATES September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

57 P.C. 46.14 SB 2225 FIREARM SMUGGLING
NEW OFFENSE ENGAGING IN BUSINESS OF TRANSPORTING OR TRANSFERRING FIREARMS ACQUIRED IN VIOLATION OF STATE OR FEDERAL LAW THIRD DEGREE FELONY UNLESS THREE OR MORE FIREARMS IN A SINGLE CRIMINAL EPISODE, THEN SECOND DEGREE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

58 P.C. 46.14 SB 2225 FIREARM SMUGGLING
THIS NEW OFFENSE WAS ADDED TO: P.C ENGAGING IN ORGANIZED CRIMINAL ACTIVITY, AND CCP CHAPTER 59 FORFEITURE CONTRABAND September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

59 P.C. 46.15 HB1237 NONAPPLICABILITY
ADDITIONS REFER TO DEFENSES UNDER: P.C UNLAWFUL CARRYING WEAPON AND 46.03, PLACES WEAPONS PROHIBITED: DEFENSE TO JUVENILE PROBATION OFFICER AUTHORIZED TO CARRY A FIREARM UNDER HUMAN RESOURCES CODE (eff. 6/19/09) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

60 P.C. 46.15 HB 2730 NONAPPLICABILITY
RESTRICTS A PERSONAL PROTECTION OFFICER’S (BODYGUARD) DEFENSE TO P.C TO INSTANCES WHEN OFFICER IS EITHER IN UNIFORM WITH WEAPON IN PLAIN VIEW OR OUT OF UNIFORM AND THE WEAPON IS CONCEALED September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

61 P.C. 46.15 HB405 NONAPPLICABILITY
DEFENSE TO ANIMAL CONTROL OFFICER CERTIFIED UNDER HEALTH AND SAFETY CODE FOR P.C AND FOR CARRYING A CLUB TO DETER AN ANIMAL BITE WHILE PERFORMING OFFICIAL DUTIES OR TRAVELING TO/FROM A PLACE OF DUTY (eff. 6/19/09) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

62 P.C. 71.02 HB 2086 ENGAGING IN ORGANIZED CRIMINAL ACTIVITY
THE FOLLOWING WERE ADDED TO THE LIST OF CRIMES THAT QUALIFY FOR PROSECUTION AS ORGANIZED CRIMINAL ACTIVITY: P.C ESCAPE…………….HB 2086 P.C PERMITTING OR FACILITATING ESCAPE……….HB 2086 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

63 P.C. 71.02 ORGANIZED CRIME Cont'd
IMPLEMENTS FOR ESCAPE…HB 2086 PROHIBITED SUBSTANCES AND ITEMS IN A CORRECTIONAL FACILITY....HB 2086 DOG FIGHTING……………...…SB 554 UNLAWFUL TRANSFER OF CERTAIN WEAPONS………………….…...SB 2225 FIREARM SMUGGLING……….SB 2225 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

64 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 2187 COERCING, INDUCING OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG REPEALS P.C (COERCING, SOLICITING , OR INDUCING GANG MEMBERSHIP); MOVES ELEMENTS TO P.C ADDS “THREATS OR INJURIES TO A MEMBER OF THE CHILD’S FAMILY” ALL CONDUCT IS THIRD DEGREE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

65 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 2086 DIRECTING ACTIVITIES OF CERTAIN CRIMINAL STREET GANGS NEW OFFENSE CREATED TO PROVIDE A FIRST DEGREE FELONY FOR CERTAIN “GANG KINGPIN” ACTIVITIES MORE EXTENSIVE DEFINITION OF “CRIMINAL STREET GANG” WITHIN THE STATUTE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

66 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 2086 DIRECTING ACTIVITIES OF CERTAIN CRIMINAL STREET GANGS A PERSON COMMITS AN OFFENSE IF HE KNOWINGLY INITIATES, ORGANIZES, PLANS, FINANCES, DIRECTS, MANAGES OR SUPERVISES A CRIMINAL STREET GANG OR ITS MEMBERS WITH THE INTENT TO BENEFIT, PROMOTE, OR FURTHER THE INTERESTS OF THE GANG OR TO INCREASE THE PERSON’S STANDING, POSITION, OR STATUS IN THE GANG. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

67 Texas Commission on Law Enforcement Officer Standards and Education
P.C HB 2086 GANG-FREE ZONES SOME OFFENSES COMMITTED UNDER P.C ARE THE NEXT HIGHER CATEGORY OF PUNISHMENT IF COMMITTED IN A GANG-FREE ZONE DOES NOT APPLY TO A PERSON UNDER 17 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

68 P.C. 71.028 HB 2086 GANG-FREE ZONES Cont'd
ALL PUBLIC AND PRIVATE PRIMARY AND SECONDARY SCHOOLS, INSTITUTIONS OF HIGHER LEARNING AND DAYCARE CENTERS MUST PUBLICIZE INFO TO STUDENTS/PARENTS/GUARDIANS September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

69 P.C. 71.028 HB 2086 GANG-FREE ZONES Cont'd
THE ZONES INCLUDE: WITHIN 1000 FEET OF ANY SCHOOL, YOUTH CENTER OR PLAYGROUND WITHIN 300 FEET OF SHOPPING MALL, MOVIE THEATER, PUBLIC SWIMMING POOL, OR VIDEO ARCADE, OR ANY SCHOOL BUS September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

70 P.C. 71.029 HB 2086 MAPS AS EVIDENCE OF LOCATION OR AREA
TO ASSIST PROSECUTION FOR GANG-FREE ZONES IN PROVING THE LOCATION OR BOUNDARY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

71 CODE OF CRIMINAL PROCEDURE
September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

72 ART. 2.12 HB 3201 WHO ARE PEACE OFFICERS
ADDS COUNTY FIRE MARSHALS AND RELATED OFFICERS AND INVESTIGATORS TO THE LIST September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

73 ART. 2.122 SB 390 SPECIAL INVESTIGATORS
UPDATES TERMINOLOGY REFERRING TO CUSTOMS AND IMMIGRATION OFFICERS September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

74 ART. 2.122 HB 3389 LAW ENFORCEMENT POLICY ON RACIAL PROFILING
CHANGES LIMITS THE LAWS SCOPE TO LAW ENFORCEMENT AGENCIES THAT ROUTINELY PERFORM MOTOR VEHICLE STOPS (WAS “TRAFFIC STOPS”) ADDITION OF “MIDDLE EASTERN” TO LIST OF ETHNICITIES THAT APPLY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

75 ART. 2.132 HB 3389 RACIAL PROFILING Cont'd
THE AGENCY’S WRITTEN POLICY ON RACIAL PROFILING MUST NOW INCLUDE THE COLLECTION OF INFORMATION RELATING TO WHETHER THE OFFICER MAKING THE MOTOR VEHICLE STOP KNEW THE SUSPECT’S RACE OR ETHNICITY BEFORE DETAINING THE SUSPECT September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

76 ART. 2.132 HB 3389 RACIAL PROFILING Cont'd
REQUIRES THE AGENCY’S CHIEF ADMINISTRATOR TO SUBMIT ITS ANNUAL REPORT TO TCLEOSE AND TO THE GOVERNING BODY AUTHORIZES TCLEOSE TO INITIATE DISCIPLINARY PROCEDURES AGAINST AN AGENCY’S CHIEF ADMINISTRATOR WHO INTENTIONALLY FAILS TO SUBMIT THE REPORT September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

77 Texas Commission on Law Enforcement Officer Standards and Education
RACIAL PROFILING HB 3389 GOES INTO EFFECT SEPTEMBER 1, 2009, HOWEVER THE CHANGES APPLY TO INFORMATION BASED UPON MOTOR VEHICLE STOPS OCCURRING ON OR AFTER JANUARY 1, 2010 (TO COINCIDE WITH THE CALENDAR YEAR REPORTING PERIOD) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

78 ART. 2.133 HB 3389 REPORTS REQUIRED FOR MOTOR VEHICLE STOPS
REMOVES PEDESTRIAN STOPS LIMITS REPORTS TO DETAILS ABOUT THE OPERATOR OF THE VEHICLE ONLY ASKS FOR INITIAL REASON FOR THE STOP NOT WHAT LAW/ORDINANCE WAS VIOLATED September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

79 ART. 2.133 HB 3389 RACIAL PROFILING Cont'd
REQUIRES INCLUSION OF ANY CONTRABAND OR OTHER EVIDENCE DISCOVERED AFTER THE STOP EXPANDS INFORMATION THAT MUST BE REPORTED ABOUT ANY SEARCH September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

80 ART. 2.133 HB 3389 RACIAL PROFILING Cont'd
INCREASES LEVEL OF DETAIL REQUIRED REGARDING THE BASIS FOR ANY ARREST REQUIRES THE OFFICER TO REPORT WHETHER A WRITTEN WARNING OR CITATION WAS ISSUED September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

81 ART. 2.133 HB 3389 RACIAL PROFILING Cont'd
JUST AS RACIAL PROFILING POLICY CHANGES ARE EFFECTIVE JANUARY 1, 2010, THE REPORTS APPLY TO INFORMATION FROM STOPS ON OR AFTER JANUARY 1, 2010. REPORT DUE 3/1/11 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

82 ART. 2.134 HB 3389 COMPILATION AND ANALYSIS OF INFORMATION COLLECTED
THE AGENCY’S ANNUAL RACIAL PROFILING REPORT IS REQUIRED TO EVALUATE AND COMPARE THE NUMBER OF MOTOR VEHICLE STOPS OF PERSONS WHO ARE AND ARE NOT RECOGNIZED AS RACIAL AND ETHNIC MINORITIES AND TO CATEGORIZE THE DISPOSITION OF MOTOR VEHICLE STOPS ACCORDING TO RACE/ETHNICITY-INCLUDING SEARCHES. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

83 Texas Commission on Law Enforcement Officer Standards and Education
ART HB 3389 CIVIL PENALTY PROVIDES A CIVIL PENALTY FOR ANY LAW ENFORCEMENT AGENCY THAT INTENTIONALLY FAILS TO SUBMIT THE DATE REQUIRED BY ART $1000 FOR EACH VIOLATION ATTORNEY GENERAL MAY SUE TO COLLECT ON BEHALF OF THE COMPTROLLER September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

84 Texas Commission on Law Enforcement Officer Standards and Education
CCP SB 1495 & SB 1969 FELONIES CHAPTER 12: LIMITATION AND VENUE SEX CRIMES AGAINST CHILDREN NO LONGER HAVE A STATUTE OF LIMITATION September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

85 Texas Commission on Law Enforcement Officer Standards and Education
ART SB 410 MISDEMEANORS CLARIFIES THAT THE STATUTE OF LIMITATIONS FOR A CLASS C MISDEMEANOR REQUIRES A COMPLAINT OR INFORMATION TO BE PRESENTED WITHIN TWO YEARS FROM COMMISSION OF THE OFFENSE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

86 ART. 13.31 HB 2153 FAILURE TO COMPLY WITH SEX OFFENDER REGISTRATION
EXPANDS THIS ARTICLE TO COVER REGISTRANTS WHO LACK A PERMANENT ADDRESS MUST REPORT CURRENT AND FUTURE ADDRESSES TO LAW ENFORCEMENT and REPORT A DESCRIPTION OF EACH LOCATION (see Chapter 62 for other changes-more to follow in this course) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

87 ART. 14.06 SB 1236 MUST TAKE OFFENDER BEFORE MAGISTRATE
CITATIONS FOR CLASS C MISDEMEANORS MUST INCLUDE AN ADMONITION REGARDING THE EFFECT OF A FAMILY VIOLENCE CONVICTION UPON THE PERSON’S ABILITY TO LEGALLY POSSESS OR PURCHASE A FIREARM (See required wording for the citation in Bill 1236 or from your training coordinator) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

88 ART. 18.07 SB 743 DAYS ALLOWED FOR SEARCH WARRANT TO RUN
15 DAYS FOR EXECUTING A SEARCH WARRANT ISSUED SOLELY TO SEARCH AND SEIZE SPECIMENS FROM A SPECIFIC PERSON FOR DNA TESTING September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

89 Texas Commission on Law Enforcement Officer Standards and Education
ART DETECTION, INTERCEPTION AND USE OF WIRE, ORAL OR ELECTRONIC COMMUNICATIONS FOUR SEPARATE BILLS MADE SIGNIFICANT CHANGES: HB 2047, HB 3228, SB 537 AND HB 2086 (SEE BILLS IF WIRETAPPING RELATES TO YOUR POSITION) HB 2086 ALLOWS FOR “ROAMING WIRETAPS”—MUST BE READ CAREFULLY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

90 ART. 56.065 HB 2626 SEXUAL ASSAULT EXAM
TITLE: MEDICAL EXAMINATION FOR SEXUAL ASSAULT VICTIM WHO HAS NOT REPORTED ASSAULT; COSTS PUTS TEXAS IN COMPLIANCE WITH FEDERAL RULES (STOP) VAWA EXAM IS FREE FOR VICTIM UNWILLING OR UNABLE TO COOPERATE INITIALLY WITH LAW ENFORCEMENT DPS PAYS WITH ATTORNEY GENERAL REIMBURSING EFF. 6/19/2009 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

91 ART. 59.01 DEFINITIONS of FORFEITURE and CONTRABAND
“CONTRABAND” EXPANDED FOR ASSET FORFEITURE PURPOSES: ANY OFFENSE UNDER P.C DOG FIGHTING……. SB 554 ANY OFFENSE UNDER P.C (a)(1) UNLAWFUL TRANSFER OF CERTAIN WEAPONS…….SB 2225 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

92 ART. 59.01 “CONTRABAND” Cont'd
ANY OFFENSE UNDER P.C FIREARM SMUGGLING………SB 2225 ANY OFFENSE UNDER P.C. CHAPTER 71, ORGANIZED CRIME………HB 2086 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

93 ART. 61.02 SB 418 & HB 2086 GANG DATABASE
SB 418 AMENDED ART TO REQUIRE AGENCIES IN CITIES OVER 50,000 OR IN A COUNTY 0F 100,000 OR MORE TO COMPILE AND MAINTAIN INFORMATION ON CRIMINAL COMBINATIONS AND CRIMINAL STREET GANGS September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

94 Texas Commission on Law Enforcement Officer Standards and Education
MORE RELATING TO GANGS GOVERNMENT CODE CHAPTER 421 HOMELAND SECURITY SUBCHAPTER E, TEXAS FUSION CENTER POWERS AND DUTIES THE GANG SECTION OF THE CENTER MUST REPORT TO THE GOVERNOR AND LEGISLATURE ASSESSING THE THREAT POSED TO THE STATE BY CRIMINAL STREET GANGS………..SB 379 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

95 Texas Commission on Law Enforcement Officer Standards and Education
TEXAS FUSION CENTER THE REPORT MUST TELL SUCCESSFUL ANTI-GANG INITIATIVES AND GANG INVOLVEMENT IN HUMAN TRAFFICKING FIRST REPORT DUE 9/1/2010 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

96 Art. 61.02 HB 2086 GANG DATABASE Cont'd
HB 2086 AUTHORIZES THE COLLECTED INFORMATION TO INCLUDE: SELF ADMISSIONS BY GANG MEMBERS ON SOCIAL WEBSITES EVIDENCE OF INDIVIDUALS WHO USE THE INTERNET TO RECRUIT September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

97 Art. 61.02 HB 2086 GANG DATABASE Cont'd
EVIDENCE OF VISITATION TO GANG MEMBER IN JAIL/PRISON September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

98 SB 2048 C.C.P. CHAPTER 62 SEX OFFENDER REGISTRATION
ART Authorizes the commissioners court in county of 100,000 or more to designate the sheriff or through local agreement, a police chief of a city to serve as the mandatory countywide registration entity for all who must register as sex offenders in that county. Effective June 19, 2009 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

99 CHAPTER 62 SEX OFFENDER REGISTRATION
ART CREATED TO ALLOW COMMERCIAL SOCIAL NETWORKING SITES TO REQUEST FROM DPS ALL PUBLIC INFORMATION AND ANY CONFIDENTIAL September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

100 CHAPTER 62 SEX OFFENDER REGISTRATION
ONLINE IDENTIFIERS RELATING TO REGISTERED SEX OFFENDERS. FOR PRESCREENING PURPOSES ONLY, TO STOP REGISTERED SEX OFFENDERS FROM USING THEIR SITES………SB 689 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

101 CHAPTER 62 SEX OFFENDER REGISTRATION
ART SEX OFFENDERS MUST GIVE ANY ONLINE IDENTIFIER ESTABLISHED OR USED BY THE PERSON. APPLIES TO ANYONE SUBJECT TO REGISTRATION ON OR AFTER JANUARY 1, 2010… SB 689 ART MUST REPORT CHANGES OR ADDITIONS TO ONLINE IDENTIFIERS………………………..…SB 689 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

102 CHAPTER 62 SEX OFFENDER REGISTRATION
ART REQUIRES HOMELESS SEX OFFENDERS (homeless more than 7 days) TO REPORT AT LEAST ONCE EVERY 30 DAYS………………………………….HB 2153 ART REQUIRES HOMELESS SEX OFFENDERS TO GIVE A DETAILED DESCRIPTION OF GEOGRAPHIC LOCATION IF NOT AN ADDRESS..HB 2153 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

103 Texas Commission on Law Enforcement Officer Standards and Education
TRANSPORTATION CODE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

104 Texas Commission on Law Enforcement Officer Standards and Education
T.C HB 2553 DEFINITIONS A NEW DEFINITION: RECREATIONAL OFF-ROAD VEHICLE MEANS A MOTOR VEHICLE THAT IS: EQUIPPED WITH A NON-STRADDLE SEAT DESIGNED TO PROPEL ITSELF WITH FOUR OR MORE TIRES NOT DESIGNED PRIMARILY FOR FARMING OR LAWN CARE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

105 T.C. 502.006 HB 2553 CERTAIN OFF-HIGHWAY VEHICLES
ADDS “RECREATIONAL OFF-ROAD VEHICLES” TO THIS SECTION MAY NOT BE REGISTERED FOR USE ON HIGHWAY MAY BE REGISTERED FOR USE IN PUBLIC SAFETY ON PUBLIC BEACH OR HIGHWAY MAY BE OPERATED ON PUBLIC OR PRIVATE BEACH LIKE A GOLF CART BUT OPERATOR MUST BE LICENSED September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

106 Texas Commission on Law Enforcement Officer Standards and Education
T.C HB 2553 GOLF CARTS HB 2553 REPEALED THIS SECTION, EXEMPTING CERTAIN GOLF CARTS FROM REGISTRATION UNDER THIS CHAPTER. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

107 T.C. 521.029 HB 2730 OPERATION OF MOTOR VEHICLE BY NEW STATE RESIDENTS
NEW RESIDENTS MAY DRIVE UP TO 90 DAYS (INSTEAD OF 30) AFTER ENTERING STATE IF THEY HAVE A VALID DRIVER’S LICENSE ISSUED BY THE PERSON’S STATE OR COUNTRY OF PREVIOUS RESIDENCE. EFFECTIVE JUNE 19, 2009 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

108 T.C. 521.457 HB 2012 DRIVING WHILE LICENSE INVALID
DWLI INCREASED TO A CLASS B IF THE OPERATOR IS DRIVING WITHOUT LIABILITY INSURANCE DWLI IS CLASS A IF THE DRIVER HAS NO INSURANCE AND WAS AT FAULT IN AN ACCIDENT RESULTING IN SERIOUS BODILY INJURY OR DEATH

109 Texas Commission on Law Enforcement Officer Standards and Education
TO CLARIFY DWLI CLASS C - DWLI WITH INSURANCE CLASS B - DWLI W/O INSURANCE, OR PRIOR CONVICTION OF DWLI OR NO INSURANCE CLASS A - DWLI AND DRIVER HAS NO INSURANCE AND WAS AT FAULT IN AN ACCIDENT RESULTING IN SERIOUS BODILY INJURY OR DEATH September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

110 T.C. 545.412 SB 61 CHILD PASSENGER SAFETY SEAT SYSTEMS
EXPANDS THE OFFENSE TO REQUIRE USE OF A CHILD SEAT IN A PASSENGER VEHICLE TO: YOUNGER THAN 8 WHO IS SHORTER THAN 4 FOOT 9 INCHES FINE REDUCED TO $25, UP TO $250 FOR REPEAT OFFENDER September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

111 Texas Commission on Law Enforcement Officer Standards and Education
T.C SB 61 CHILD SEATS Cont'd 15 CENT COURT COST ON CONVICTION GOES TO TXDOT TO BUY CHILD SEATS FOR LOW INCOME GOES INTO EFFECT 9/1/2009, BUT NOT PROSECUTABLE UNTIL 6/1/2010 A WARNING ONLY BY OFFICERS UNTIL 6/1/2010 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

112 T.C. 545.413 HB 537 SAFETY BELTS; OFFENSE
EXPANDED TWO WAYS: SEAT BELT REQUIRED FOR THOSE 15 AND OLDER ANYWHERE IN A PASSENGER VEHICLE SEAT BELTS REQUIRED FOR UNDER 17 EXTENDED TO PASSSENGER VAN DESIGNED TO TRANSPORT 15 OR LESS, INCLUDING THE DRIVER September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

113 Texas Commission on Law Enforcement Officer Standards and Education
T.C HB 548 RACING ON HIGHWAY ADDS THE REQUIREMENT OF SEIZING A VEHICLE USED IN RACING ON HIGHWAY THAT RESULTS IN PROPERTY DAMAGE OR PERSONAL INJURY ALL REMOVAL AND STORAGE FEES ARE ASSESSED AGAINST THE VEHICLE’S OWNER September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

114 T.C. 545.421 HB 1831 FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER
THE PURSUING VEHICLE IS NOW REQUIRED TO BEAR THE INSIGNIA OF A LAW ENFORCEMENT AGENCY, REGARDLESS OF WHETHER IT HAS EMERGENCY LIGHTS. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

115 T.C. 545.424 HB 339, HB 2730 OPERATION OF MV BY PERSON UNDER 18
NO WIRELESS COMMUNICATION DEVICE BY MOTOR VEHICLE OPERATORS UNDER 18 OR MOTORCYCLE/MOPED OPERATORS UNDER 17 WHO HAVE HAD A LICENSE FOR LESS THAN 12 MONTHS APPLIES TO PERSONS ISSUED A DL ON OR AFTER 9/1/09 OK IF THERE IS AN EMERGENCY September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

116 T.C. 545.425 HB 55 USE OF WIRELESS COMMUNICATIONS DEVICE
NO CELL PHONES IN ACTIVE SCHOOL ZONES UNLESS STOPPED OR HAS HANDS-FREE DEVICE SIGNS MUST BE POSTED AT SCHOOL CROSSING ZONES DOES NOT APPLY TO LAW ENFORCEMENT WHILE WORKING September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

117 T.C. 547 SB 589 VEHICLE EQUIPMENT
CREATES A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $1000 FOR PLACING WINDOW TINT ON A VEHICLE WITHOUT ALSO INCLUDING A LABEL REQUIRED BY INDICATING THAT THE TINT IS IN COMPLIANCE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

118 T.C. 661.003 SB 1967 PROTECTIVE HEADGEAR
REQUIREMENT REMOVED TO MAINTAIN $10,000 IN MEDICAL BENEFITS TO BE EXEMPT FROM HELMET—Texas Dept of Insurance to develop standard proof of coverage for that exemption. REPEALS THE LICENSE PLATE STICKER SYSTEM FOR ESTABLISHING PRESUMPTION OF COMPLIANCE and!!!!!! September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

119 T.C. 661.004 SB 1967 AUTHORITY TO INSPECT
BILL PROHIBITS PEACE OFFICERS FROM STOPPING OR DETAINING AN OPERATOR OR PASSENGER FOR THE SOLE PURPOSE OF DETERMINING WHETHER THAT PERSON IS QUALIFIED TO RIDE WITHOUT A HELMET September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

120 T.C. 545.416 HB 537 CHILD ON MOTORCYCLE
IT IS UNLAWFUL TO CARRY A CHILD UNDER THE AGE OF 5 ON A MOTORCYCLE UNLESS THE CHILD IS IN A SIDECAR. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

121 Texas Commission on Law Enforcement Officer Standards and Education
T.C SB 328 IMPLIED CONSENT TAKING OF SPECIMEN ADDS CIRCUMSTANCES THAT REQUIRE TAKING BREATH OR BLOOD SPECIMEN WITHOUT A WARRANT WHEN A PERSON IS ARRESTED UNDER P.C. CHAPTER 49, INTOXICATION AND ALCOHOLIC BEVERAGES OFFENSES September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

122 MANDATORY DRAW FOR THESE ADDITIONAL CIRCUMSTANCES:
1. OFFENSE-RELATED CRASHES WHEN THE OFFICER REASONABLY BELIEVES THAT AS A DIRECT RESULT, AN INDIVIDUAL OTHER THAN THE SUSPECT HAS SUFFERED BODILY INJURY AND WAS TRANSPORTED FOR MEDICAL CARE; September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

123 Texas Commission on Law Enforcement Officer Standards and Education
MANDATORY DRAW Cont'd 2. AN ARREST OCCURRED FOR P.C (Driving While Intoxicated with Child Passenger); OR 3. AT THE TIME OF ARREST, THE OFFICER POSSESSED OR RECEIVED RELIABLE INFORMATION FROM A CREDIBLE SOURCE OF A PREVIOUS CONVICTION OR PROBATION FOR DWI WITH CHILD, INTOXICATION ASSAULT, INTOXICATION MANSLAUGHTER OR A SIMILAR OFFENSE FROM ANOTHER STATE; September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

124 MANDATORY DRAW Cont’d. OR
4. AT THE TIME OF ARREST, THE OFFICER POSSESSED OR RECEIVED RELIABLE INFORMATION FROM A CREDIBLE SOURCE THAT THE ARRESTED PERSON HAS PRIOR CONVICTIONS UNDER CHAPTER 49 THAT WOULD MAKE THE CURRENT ARREST PROSECUTABLE AS A FELONY (PRIOR CONVICTIONS FROM ANOTHER STATE COUNT ALSO).

125 NOTE: ONE PRIOR DWI WITH CHILD OR INTOXICATION ASSAULT + CURRENT DWI=CLASS A MISDEMEANOR DWI WITH MANDATORY BLOOD DRAW.

126 Texas Commission on Law Enforcement Officer Standards and Education
MANDATORY DRAW Cont'd OFFER BREATH AND BLOOD ON EVERY INSTANCE (EVEN THOSE REQUIRING A WARRANT) (DIC-24) SB 328 REQUIRES A REFUSAL FROM THE PERSON TO VOLUNTARILY PROVIDE A SPECIMEN September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

127 Texas Commission on Law Enforcement Officer Standards and Education
CCP ART , SB 328 ART. 2.09 ADDITIONAL POINTS TO SB 328: DUI/MINOR NOW INCLUDES WATERCRAFT CCP (SEARCH WARRANTS) ALLOWS FOR ANY MAGISTRATE WHO IS ALSO A LICENSED ATTORNEY TO SIGN DWI BLOOD SEARCH WARRANTS (EX. JUSTICES OF THE PEACE, JUDGES OF MUNICIPAL COURTS IF THE PERSON IS A LICENSED ATTORNEY) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

128 ADDITIONAL NOTE ABOUT DWI BLOOD WARRANTS
THE NEW TYPES OF JUDGES WHO CAN SIGN BLOOD WARRANTS CAN ONLY SIGN THE WARRANT WHEN/IF THE ARRESTED PERSON FIRST REFUSES. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

129 Texas Commission on Law Enforcement Officer Standards and Education
T.C SB328 BLOOD SPECIMEN SUBSECTION (b) AMENDED TO GIVE IMMUNITY FROM LEGAL LIABILITY OR ADMINISTRATIVE DISCIPLINE TO THE PERSON WHO TAKES BLOOD, THAT PERSON’S EMPLOYER AND THE FACILITY WHEN BLOOD IS TAKEN UNDER CHAPTER 724 (if the blood is taken according to recognized medical procedures) September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

130 T.C. 724.017 BLOOD SPECIMEN Cont'd
IMMUNITY GIVEN ALSO APPLIES TO SEARCH WARRANT BLOOD DRAWS SUBSECTION (d) ADDED TO SAY THAT ARRESTED PERSON IS NOT CONSIDERED TO BE THERE FOR MEDICAL SCREENING OR TREATMENT September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

131 TRANSPORTATION CODE SUBTITLE M (CHAPTERS 1001-1004)
HB 3097 AMENDS CURRENT LAW TO CREATE AND DESCRIBE DUTIES AND FUNCTIONS OF NEW TEXAS DEPARTMENT OF MOTOR VEHICLES DMV WILL TRANSFER IN SOME DUTIES FROM DPS/OTHER STATE AGENCIES AND BEGIN 11/1/2009 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

132 SECTION 54.208 HB 2347 EDUCATION CODE
THIS PROVIDES A TUITION AND LAB FEES EXEMPTION FOR PEACE OFFICERS WHO ENROLL IN AN INSTITUTION OF HIGHER EDUCATION AS AN UNDERGRADUATE SEEKING A DEGREE IN CRIMINAL JUSTICE OR LAW ENFORCEMENT-RELATED DEGREE PROGRAM September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

133 Texas Commission on Law Enforcement Officer Standards and Education
SEC Cont'd THERE ARE SOME QUALIFIERS SUCH AS ATTEMPTS AS A RESIDENT STUDENT PRIOR TO SEEKING THE EXEMPTION ANY ONE CLASS CANNOT EXEMPT STUDENTS IN EXCESS OF 20% OF THE STUDENTS PER CLASS TAKES EFFECT JANUARY, 2011 HAS BEEN AVAILABLE TO FIREFIGHTERS FOR A LONG TIME September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

134 TITLE 10 OCCUPATIONS CODE CHAPTER 1701 LAW ENFORCEMENT OFFICERS
HB REQUIRES LEGAL UPDATE OF STATE AND FEDERAL LAWS EVERY TWO YEARS AS PART OF 40 HOUR REQUIREMENT FOR ALL PEACE OFFICERS/ CONSTABLES EXEMPT September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

135 Texas Commission on Law Enforcement Officer Standards and Education
HB CRISIS INTERVENTION, CULTURAL DIVERSITY, AND SPECIAL INVESTIGATIVE TOPICS TRAINING ARE REQUIRED OF ALL PEACE OFFICERS WHO HOLD A BASIC CERTIFICATE, OR LESS. HB SPECIAL INVESTIGATIVE TOPICS AND CULTURAL DIVERSITY ARE NOW INTERMEDIATE COURSE REQUIREMENTS September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

136 CHAP.1701 LAW ENFORCEMENT Cont'd
HB PEACE OFFICERS FIRST LICENSED ON/AFTER 01/11/2011 MUST COMPLETE COURSE ON HUMAN TRAFFICKING ONE TIME BECOMES AN INTERMEDIATE COURSE AFTER 01/11/2011. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

137 Texas Commission on Law Enforcement Officer Standards and Education
CHAP LAW ENFORCEMENT REQUIRES THE HEAD OF A LAW ENFORCEMENT AGENCY FROM WHICH A PEACE OFFICER HONORABLY RETIRED TO PROVIDE HONORABLY RETIRED OFFICERS AN IDENTIFICATION CARD ON REQUEST……………HB 2068 EFFECTIVE JUNE 19, 2009 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

138 Texas Commission on Law Enforcement Officer Standards and Education
FEDERAL UPDATE September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

139 RECENT SUPREME COURT DECISIONS
HERRING V. UNITED STATES: January, 2009 No Exclusionary Rule for Negligent Police Error OFFICERS CONFIRMED A WARRANT FROM ANOTHER JURISDICTION. ACTING IN GOOD FAITH, ARRESTED THE PERSON AND FOUND CONTRABAND. THE OFFICERS LEARNED THAT THE WARRANT HAD BEEN RECALLED. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

140 HERRING V. UNITED STATES
THE ERROR THAT LED TO THE ARREST AND SEARCH IS THE RESULT OF A GOOD FAITH MISTAKE. THE COURT HELD THAT THE FOURTH AMENDMENT DOES NOT REQUIRE SUPPRESSION OF EVIDENCE OBTAINED PURSUANT TO A SEARCH INCIDENT TO ARREST.... September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

141 HERRING V. UNITED STATES
...DESPITE THE FACT THAT THE ARREST ITSELF VIOLATED THE FOURTH AMENDMENT BECAUSE IT WAS BASED ON NEGLIGENT POLICE ERROR. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

142 Texas Commission on Law Enforcement Officer Standards and Education
MONTEJO V. LOUISIANA MONTEJO WAS ARRESTED FOR MURDER. LATER HE WENT FOR HIS 72 HOUR HEARING (REQUIRED IN LA.) IN WHICH HE WAS CHARGED, GIVEN NO BOND AND AN ORDER ISSUED PROVIDING HIM AN ATTORNEY. LATER HE WAS GIVEN HIS MIRANDA WARNING AFTER..... September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

143 Texas Commission on Law Enforcement Officer Standards and Education
MONTEJO V. LOUISIANA ...WHICH HE AGREED TO TAKE OFFICERS TO THE MURDER WEAPON. ON THE TRIP, HE WROTE AN APOLOGY LETTER TO THE VICTIM’S WIDOW. ON RETURNING TO THE JAIL, HE MET HIS ATTORNEY FOR THE FIRST TIME. THE LETTER WAS USED AS EVIDENCE AGAINST HIM IN TRIAL. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

144 Texas Commission on Law Enforcement Officer Standards and Education
MONTEJO V. LOUISIANA HIS ATTORNEY ARGUED THAT THE LETTER SHOULD NOT HAVE BEEN USED SINCE MONTEJO HAD NEVER MET WITH HIS ATTORNEY. THE SUPREME COURT RULED THAT MONTEJO HAD BEEN PROPERLY MIRANDIZED AND “IN DETERMINING WHETHER A SIXTH AMENDMENT... September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

145 Texas Commission on Law Enforcement Officer Standards and Education
MONTEJO V. LOUISIANA ...WAIVER WAS KNOWING AND VOLUNTARY, THERE IS NO REASON CATEGORICALLY TO DISTINGUISH AN UNREPRESENTED DEFENDANT FROM A REPRESENTED ONE.” THE COURT RULED THAT AS LONG AS DEFENDANT IS GIVEN MIRANDA WARNINGS AND A PROPER WAIVER... September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

146 Texas Commission on Law Enforcement Officer Standards and Education
MONTEJO V. LOUISIANA ...OCCURS, THE SUBSEQUENT STATEMENT IS VALID. MIRANDA SUFFICIENTLY INFORMS A DEFENDANT OF THE CONSEQUENCES OF INTERROGATION. May 2009 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

147 ADDITIONAL COURT CASES
ARIZONA V. GANT: GANT WAS ARRESTED FOR DRIVING WITH A SUSPENDED LICENSE AFTER HE PARKED, EXITED HIS VEHICLE AND WALKED 8-12 FEET TOWARDS THE OFFICERS. THE VEHICLE WAS THEN SEARCHED AND DRUGS/DRUG PARPHERNALIA WAS FOUND. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

148 Texas Commission on Law Enforcement Officer Standards and Education
ARIZONA V. GANT GANT WAS LATER CONVICTED OF THE DRUG CHARGES. THE ARIZONA COURT DENIED HIS MOTION TO SUPPRESS THE EVIDENCE. THE SUPREME COURT REVERSED THAT DECISION AND STATED THAT THE POLICE MAY SEARCH THE PASSENGER COMPARTMENT OF... September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

149 Texas Commission on Law Enforcement Officer Standards and Education
ARIZONA V. GANT A VEHICLE INCIDENT TO A RECENT OCCUPANT’S ARREST ONLY IF IT IS: REASONABLE TO BELIEVE THAT THE ARRESTEE MIGHTACCESS THE VEHICLE AT THE TIME OF THE SEARCH OR THAT THE VEHICLE CONTAINS EVIDENCE OF THE OFFENSE OF ARREST. April 2009 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

150 Texas Commission on Law Enforcement Officer Standards and Education
CORLEY V. UNITED STATES THE CHALLENGE IN THIS CASE WAS BUILT AROUND THE “PRESENTMENT OF AN ARRESTEE WITHOUT UNNECESSARY DELAY”. CORLEY WAS A SUSPECT IN A BANK ROBBERY, WAS ARRESTED ON OUTSTANDING WARRANTS AND WAS NOT TAKEN BEFORE THE COURT FOR ARRAIGNMENT FOR 29.5 HOURS. September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

151 Texas Commission on Law Enforcement Officer Standards and Education
CORLEY V. UNITED STATES DURING THAT TIME, HE GAVE A CONFESSION TO THE BANK ROBBERY. (FEDERAL ARRESTEES MUST GO BEFORE A JUDGE NO LONGER THAN SIX HOURS AFTER ARREST) LESSON LEARNED: AN UNREASONABLE DELAY IN... September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

152 Texas Commission on Law Enforcement Officer Standards and Education
CORLEY V. UNITED STATES PRESENTING AN ARRESTEE BEFORE THE COURT FOR ARRAIGNMENT MAY IMPACT THE ADMISSIBILITY OF A CONFESSION GAINED AFTER THE ARREST AND BEFORE GOING TO COURT. April, 2009 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

153 Texas Commission on Law Enforcement Officer Standards and Education
KANSAS V. VENTRIS THE OPINION IN THIS CASE OPENED A WIDE DOOR IN FUTURE CASES FOR THE STATE OR FEDERAL GOVERNMENT TO ARGUE THAT NO CONSTITUTIONAL VIOLATION OCCURS WHERE POLICE OBTAIN A VOLUNTARY STATEMENT BY WAY OF A JAILHOUSE SNITCH. April, 2009 September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

154 Texas Commission on Law Enforcement Officer Standards and Education
ARIZONA V. JOHNSON HOLDING: SEARCH OF AUTO PASSENGER JUST LIKE TERRY REQUIREMENTS: LAWFUL VEHICLE STOP NO NEED TO BELIEVE ANY ARE INVOLVED IN CRIMINAL ACTIVITY POLICE MUST HARBOR REASONABLE SUSPICION THAT THE PERSON FRISKED IS ARMED AND DANGEROUS September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education

155 Texas Commission on Law Enforcement Officer Standards and Education
TEST TIME ! September 1, 2009 Texas Commission on Law Enforcement Officer Standards and Education


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