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State and Federal Law Update September, 2009 September 1, 2009 Updated 9-14-9 1Texas Commission on Law Enforcement Officer Standards and Education T.C.L.E.O.S.E.

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Presentation on theme: "State and Federal Law Update September, 2009 September 1, 2009 Updated 9-14-9 1Texas Commission on Law Enforcement Officer Standards and Education T.C.L.E.O.S.E."— Presentation transcript:

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

2 STATE AND FEDERAL LAW UPDATE TCLEOSE COURSE 3181 This course was developed utilizing resources provided by: Texas District & County Attorneys Association;Texas District & County Attorneys Association; Justices of the Peace and Constables Association of Texas;Justices of the Peace and Constables Association of Texas; Public Agency Training CouncilPublic Agency Training Council and 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:THIS COURSE CONTAINS: SELECTED BILLS FROM THE 81 ST LEGISLATURE THAT HAVE SIGNIFICANCE TO THE APPLICATIONS OF STATE LAWSSELECTED BILLS FROM THE 81 ST LEGISLATURE THAT HAVE SIGNIFICANCE TO THE APPLICATIONS OF STATE LAWS SELECTED RECENT UNITED STATES SUPREME COURT DECISIONS TO AID OFFICERS IN THE FIELDSELECTED RECENT UNITED STATES SUPREME COURT DECISIONS TO AID OFFICERS IN THE FIELD Texas Commission on Law Enforcement Officer Standards and Education September 1, 20093

4 COURSE OBJECTIVES ON COMPLETION OF THE COURSE: ON COMPLETION OF THE COURSE: OFFICERS WILL BE ABLE TO STATE CHANGES/ADDITIONS IN PENAL CODEOFFICERS WILL BE ABLE TO STATE CHANGES/ADDITIONS IN PENAL CODE OFFICERS WILL BE ABLE TO STATE CHANGES IN CODE OF CRIMINAL PROCEDUREOFFICERS WILL BE ABLE TO STATE CHANGES IN CODE OF CRIMINAL PROCEDURE OFFICERS WILL BE ABLE TO STATE CHANGES/ADDITIONS AND IMPORTANT DELETION IN TRANSPORTATION CODEOFFICERS WILL BE ABLE TO STATE CHANGES/ADDITIONS AND IMPORTANT DELETION IN TRANSPORTATION CODE Texas Commission on Law Enforcement Officer Standards and Education September 1, 20094

5 COURSE OBJECTIVES OFFICERS WILL KNOW NEW LEGISLATIVE MANDATES FOR TRAINING ENACTED IN OCCUPATIONS CODEOFFICERS 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 CASESOFFICERS WILL BE ABLE TO STATE THE IMPACT IN THE FIELD FROM LISTED RECENT SUPREME COURT CASES Texas Commission on Law Enforcement Officer Standards and Education September 1, 20095

6 EVALUATION OF COURSE OBJECTIVES OFFICERS WILL PASS A WRITTEN OBJECTIVE TEST TO A STANDARD OF 70%OFFICERS WILL PASS A WRITTEN OBJECTIVE TEST TO A STANDARD OF 70% Texas Commission on Law Enforcement Officer Standards and Education September 1, 20096

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

8 STATE AND FEDERAL LAW UPDATE FOR REFERENCE AND FINDING ADDITIONAL INFORMATION:FOR REFERENCE AND FINDING ADDITIONAL INFORMATION: EACH SLIDE CONTAINS THE BILL NUMBER THAT CREATED OR AMENDED THE STATUTE; and THE STATUTE THE BILL CHANGED. Texas Commission on Law Enforcement Officer Standards and Education September 1, 20098

9 PENAL CODE IMPACT MORE CONTINUOUS-COURSE-OF- CONDUCT OFFENSESMORE CONTINUOUS-COURSE-OF- CONDUCT OFFENSES ADDITIONAL ELDERLY PROTECTIONSADDITIONAL ELDERLY PROTECTIONS MORE TECHNICAL OFFENSES: INCLUDING SPOOFINGMORE TECHNICAL OFFENSES: INCLUDING SPOOFING Texas Commission on Law Enforcement Officer Standards and Education September 1, 20099

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

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

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

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

14 P.C SB 359 PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR EVACUATED AREA NEW SECTION: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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

16 P.C 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. Texas Commission on Law Enforcement Officer Standards and Education September 1,

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.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 CCP , CCP Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

20 P.C HB 2066 ASSAULT TWO NEW ENHANCEMENTS FOR FAMILY VIOLENCE: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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

21 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 USEDCONSIDER 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 OFFENSESTHE ADDITION IN ASSAULT ALLOWS FOR PROSECUTION OF ANY AND ALL APPLICABLE OFFENSES Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

24 P.C 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 CAREENHANCES 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 DEGREEGOES FROM THIRD TO SECOND DEGREE Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

27 P.C HB 3224 ARSON RECKLESS ARSON OFFENSERECKLESS ARSON OFFENSE STATE JAIL FELONY TO INTENTIONALLY START A FIRE OR CAUSE AN EXPLOSION AND AS A RESULTSTATE JAIL FELONY TO INTENTIONALLY START A FIRE OR CAUSE AN EXPLOSION AND AS A RESULT –RECKLESSLY DAMAGE/DESTROY ANOTHERS BUILDING, OR –CAUSE BODILY INJURY/DEATH TO ANOTHER STATE JAIL FELONY Texas Commission on Law Enforcement Officer Standards and Education September 1,

28 P.C 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 FELONYIMPAIRMENT 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

30 P.C HB 1633 GRAFFITI ADDITIONAL NOTE:ADDITIONAL NOTE: –CCP , CCP 42.14, FC REQUIRES THAT RESTITUTION BE MADE Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

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

34 P.C HB 1466 THEFT THEFT FROM A GRAVE NOW INCLUDES A MILITARY MARKERTHEFT FROM A GRAVE NOW INCLUDES A MILITARY MARKER STATE JAIL FELONYSTATE JAIL FELONY Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

36 P.C SB 1163 THEFT THEFT OF LESS THAN 10 (WAS 100) HEAD OF SHEEP, SWINE OR GOATS A STATE JAIL FELONY IF VALUE LESS THAN $20,000THEFT 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 $100,000THEFT OF 10 (INSTEAD OF 100) OR MORE HEAD OF SHEEP, SWINE OR GOATS A THIRD DEGREE FELONY IF VALUE LESS THAN $100,000 Texas Commission on Law Enforcement Officer Standards and Education September 1,

37 P.C SB 1163 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 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

39 P.C HB 2328 FORGERY PUNISHMENT GOES TO NEXT HIGHER IF THE OFFENSE WAS COMMITTED AGAINST AN ELDERLY PERSONPUNISHMENT GOES TO NEXT HIGHER IF THE OFFENSE WAS COMMITTED AGAINST AN ELDERLY PERSON Texas Commission on Law Enforcement Officer Standards and Education September 1,

40 P.C 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 INDIVIDUALAMENDS SUBSECTION (D) TO INCREASE PUNISHMENT TO A THIRD DEGREE FELONY IF THE OFFENSE IS COMMITTED AGAINST AN ELDERLY INDIVIDUAL Texas Commission on Law Enforcement Officer Standards and Education September 1,

41 P.C HB 2328 FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION INCREASES PUNISHMENT TO THE NEXT HIGHER LEVEL IF THE OFFENSE WAS COMMITTED AGAINST AN ELDERLY INDIVIDUALINCREASES PUNISHMENT TO THE NEXT HIGHER LEVEL IF THE OFFENSE WAS COMMITTED AGAINST AN ELDERLY INDIVIDUAL DOES NOT APPLY TO CONDUCT ALREADY A FIRST DEGREEDOES NOT APPLY TO CONDUCT ALREADY A FIRST DEGREE Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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 PERSONUSING 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 FELONYINCLUDES FACEBOOK, MYSPACE, TWITTER, ETC.: THIRD DEGREE FELONY Texas Commission on Law Enforcement Officer Standards and Education September 1,

44 SPOOFING OFFENSE IS SENDING AN ELECTRONIC MESSAGE ( , TEXT, IM, ETC.) DIRECTLY TO A RECIPIENT WHILE USING THE IDENTIFYING INFORMATION OF ANOTHEROFFENSE IS SENDING AN ELECTRONIC MESSAGE ( , TEXT, IM, ETC.) DIRECTLY TO A RECIPIENT WHILE USING THE IDENTIFYING INFORMATION OF ANOTHER WITHOUT THE OTHERS CONSENTWITHOUT THE OTHERS 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 RESULTWITH 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

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

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

49 P.C HB 3228 PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL FACILITY IT IS A THIRD DEGREE FELONY: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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

50 P.C HB 3228 PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL FACILITY IT IS A THIRD DEGREE FELONY: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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

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

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

55 P.C 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)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) Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

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

59 P.C HB1237 NONAPPLICABILITY ADDITIONS REFER TO DEFENSES UNDER: P.C UNLAWFUL CARRYING WEAPON AND 46.03, PLACES WEAPONS PROHIBITED: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) Texas Commission on Law Enforcement Officer Standards and Education September 1,

60 P.C HB 2730 NONAPPLICABILITY –RESTRICTS A PERSONAL PROTECTION OFFICERS (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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

61 P.C 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)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) Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

64 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 REPEALS P.C (COERCING, SOLICITING, OR INDUCING GANG MEMBERSHIP) ; MOVES ELEMENTS TO P.C ADDS THREATS OR INJURIES TO A MEMBER OF THE CHILDS FAMILYADDS THREATS OR INJURIES TO A MEMBER OF THE CHILDS FAMILY ALL CONDUCT IS THIRD DEGREEALL CONDUCT IS THIRD DEGREE Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

66 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 PERSONS STANDING, POSITION, OR STATUS IN THE GANG.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 PERSONS STANDING, POSITION, OR STATUS IN THE GANG. Texas Commission on Law Enforcement Officer Standards and Education September 1,

67 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 ZONESOME 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 17DOES NOT APPLY TO A PERSON UNDER 17 Texas Commission on Law Enforcement Officer Standards and Education September 1,

68 P.C 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/GUARDIANSALL PUBLIC AND PRIVATE PRIMARY AND SECONDARY SCHOOLS, INSTITUTIONS OF HIGHER LEARNING AND DAYCARE CENTERS MUST PUBLICIZE INFO TO STUDENTS/PARENTS/GUARDIANS Texas Commission on Law Enforcement Officer Standards and Education September 1,

69 P.C HB 2086 GANG-FREE ZONES Cont'd THE ZONES INCLUDE: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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

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

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

74 ART HB 3389 LAW ENFORCEMENT POLICY ON RACIAL PROFILING CHANGESCHANGES –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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

77 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, 2010HB 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) Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

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

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

82 ART HB 3389 COMPILATION AND ANALYSIS OF INFORMATION COLLECTED THE AGENCYS 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. Texas Commission on Law Enforcement Officer Standards and Education September 1,

83 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

85 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

86 ART HB 2153 FAILURE TO COMPLY WITH SEX OFFENDER REGISTRATION EXPANDS THIS ARTICLE TO COVER REGISTRANTS WHO LACK A PERMANENT ADDRESSEXPANDS 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)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) Texas Commission on Law Enforcement Officer Standards and Education September 1,

87 ART 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 PERSONS ABILITY TO LEGALLY POSSESS OR PURCHASE A FIREARM (See required wording for the citation in Bill 1236 or from your training coordinator) Texas Commission on Law Enforcement Officer Standards and Education September 1,

88 ART 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 TESTING15 DAYS FOR EXECUTING A SEARCH WARRANT ISSUED SOLELY TO SEARCH AND SEIZE SPECIMENS FROM A SPECIFIC PERSON FOR DNA TESTING Texas Commission on Law Enforcement Officer Standards and Education September 1,

89 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)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 WIRETAPSMUST BE READ CAREFULLYHB 2086 ALLOWS FOR ROAMING WIRETAPSMUST BE READ CAREFULLY Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

91 ART DEFINITIONS of FORFEITURE and CONTRABAND CONTRABAND EXPANDED FOR ASSET FORFEITURE PURPOSES: 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

93 ART 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 GANGSSB 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

94 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 379THE 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

96 Art HB 2086 GANG DATABASE Cont'd HB 2086 AUTHORIZES THE COLLECTED INFORMATION TO INCLUDE: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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

97 Art HB 2086 GANG DATABASE Cont'd EVIDENCE OF VISITATION TO GANG MEMBER IN JAIL/PRISONEVIDENCE OF VISITATION TO GANG MEMBER IN JAIL/PRISON September 1, 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.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, 2009Effective June 19, 2009 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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 689ONLINE IDENTIFIERS RELATING TO REGISTERED SEX OFFENDERS. FOR PRESCREENING PURPOSES ONLY, TO STOP REGISTERED SEX OFFENDERS FROM USING THEIR SITES………SB 689 September 1, 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 689ART 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 689ART MUST REPORT CHANGES OR ADDITIONS TO ONLINE IDENTIFIERS………………………..…SB 689 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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 2153ART 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 2153ART REQUIRES HOMELESS SEX OFFENDERS TO GIVE A DETAILED DESCRIPTION OF GEOGRAPHIC LOCATION IF NOT AN ADDRESS..HB 2153 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

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

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

107 T.C 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 DRIVERS LICENSE ISSUED BY THE PERSONS STATE OR COUNTRY OF PREVIOUS RESIDENCE.NEW RESIDENTS MAY DRIVE UP TO 90 DAYS (INSTEAD OF 30) AFTER ENTERING STATE IF THEY HAVE A VALID DRIVERS LICENSE ISSUED BY THE PERSONS STATE OR COUNTRY OF PREVIOUS RESIDENCE. EFFECTIVE JUNE 19, 2009EFFECTIVE JUNE 19, 2009 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

110 T.C SB 61 CHILD PASSENGER SAFETY SEAT SYSTEMS EXPANDS THE OFFENSE TO REQUIRE USE OF A CHILD SEAT IN A PASSENGER VEHICLE TO: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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

111 T.C SB 61 CHILD SEATS Cont'd 15 CENT COURT COST ON CONVICTION GOES TO TXDOT TO BUY CHILD SEATS FOR LOW INCOME15 CENT COURT COST ON CONVICTION GOES TO TXDOT TO BUY CHILD SEATS FOR LOW INCOME GOES INTO EFFECT 9/1/2009, BUTGOES INTO EFFECT 9/1/2009, BUT NOT PROSECUTABLE UNTIL 6/1/2010NOT PROSECUTABLE UNTIL 6/1/2010 A WARNING ONLY BY OFFICERS UNTIL 6/1/2010A WARNING ONLY BY OFFICERS UNTIL 6/1/2010 Texas Commission on Law Enforcement Officer Standards and Education September 1,

112 T.C HB 537 SAFETY BELTS; OFFENSE EXPANDED TWO WAYS: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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

113 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 INJURYADDS 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 VEHICLES OWNERALL REMOVAL AND STORAGE FEES ARE ASSESSED AGAINST THE VEHICLES OWNER Texas Commission on Law Enforcement Officer Standards and Education September 1,

114 T.C 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.THE PURSUING VEHICLE IS NOW REQUIRED TO BEAR THE INSIGNIA OF A LAW ENFORCEMENT AGENCY, REGARDLESS OF WHETHER IT HAS EMERGENCY LIGHTS. Texas Commission on Law Enforcement Officer Standards and Education September 1,

115 T.C 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 MONTHSNO 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 9/1/09APPLIES TO PERSONS ISSUED A DL ON OR AFTER 9/1/09 OK IF THERE IS AN EMERGENCYOK IF THERE IS AN EMERGENCY Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

118 T.C 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.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!!!!!!REPEALS THE LICENSE PLATE STICKER SYSTEM FOR ESTABLISHING PRESUMPTION OF COMPLIANCE and!!!!!! Texas Commission on Law Enforcement Officer Standards and Education September 1,

119 T.C 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 HELMETBILL 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

121 T.C. 724 SB 328 IMPLIED CONSENT TAKING OF SPECIMEN 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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; Texas Commission on Law Enforcement Officer Standards and Education September 1,

123 MANDATORY DRAW Cont'd 2. AN ARREST OCCURRED FOR P.C (Driving While Intoxicated with Child Passenger); OR 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; 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; Texas Commission on Law Enforcement Officer Standards and Education September 1,

124 MANDATORY DRAW Contd. OR 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). 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.ONE PRIOR DWI WITH CHILD OR INTOXICATION ASSAULT + CURRENT DWI=CLASS A MISDEMEANOR DWI WITH MANDATORY BLOOD DRAW.

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

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

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

129 T.C SB328 BLOOD SPECIMEN SUBSECTION (b) AMENDED TO GIVE IMMUNITY FROM LEGAL LIABILITY OR ADMINISTRATIVE DISCIPLINE TO THE PERSON WHO TAKES BLOOD, THAT PERSONS EMPLOYER AND THE FACILITY WHEN BLOOD IS TAKEN UNDER CHAPTER 724 (if the blood is taken according to recognized medical procedures)SUBSECTION (b) AMENDED TO GIVE IMMUNITY FROM LEGAL LIABILITY OR ADMINISTRATIVE DISCIPLINE TO THE PERSON WHO TAKES BLOOD, THAT PERSONS EMPLOYER AND THE FACILITY WHEN BLOOD IS TAKEN UNDER CHAPTER 724 (if the blood is taken according to recognized medical procedures) Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

132 SECTION 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 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

134 TITLE 10 OCCUPATIONS CODE CHAPTER 1701 LAW ENFORCEMENT OFFICERS HB 3389 REQUIRES LEGAL UPDATE OF STATE AND FEDERAL LAWS EVERY TWO YEARS AS PART OF 40 HOUR REQUIREMENT FOR ALL PEACE OFFICERS/ CONSTABLES EXEMPTHB 3389 REQUIRES LEGAL UPDATE OF STATE AND FEDERAL LAWS EVERY TWO YEARS AS PART OF 40 HOUR REQUIREMENT FOR ALL PEACE OFFICERS/ CONSTABLES EXEMPT Texas Commission on Law Enforcement Officer Standards and Education September 1,

135 HB3389 CRISIS INTERVENTION, CULTURAL DIVERSITY, AND SPECIAL INVESTIGATIVE TOPICS TRAINING ARE REQUIRED OF ALL PEACE OFFICERS WHO HOLD A BASIC CERTIFICATE, OR LESS.HB3389 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 REQUIREMENTSHB SPECIAL INVESTIGATIVE TOPICS AND CULTURAL DIVERSITY ARE NOW INTERMEDIATE COURSE REQUIREMENTS September 1, 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 TIMEHB 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.BECOMES AN INTERMEDIATE COURSE AFTER 01/11/2011. Texas Commission on Law Enforcement Officer Standards and Education September 1,

137 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 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, 2009EFFECTIVE JUNE 19, 2009 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

139 RECENT SUPREME COURT DECISIONS HERRING V. UNITED STATES: January, 2009HERRING 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. Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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

142 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.....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..... Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

144 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... Texas Commission on Law Enforcement Officer Standards and Education September 1,

145 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...THE COURT RULED THAT AS LONG AS DEFENDANT IS GIVEN MIRANDA WARNINGS AND A PROPER WAIVER... Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

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.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. Texas Commission on Law Enforcement Officer Standards and Education September 1,

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

149 ARIZONA V. GANT A VEHICLE INCIDENT TO A RECENT OCCUPANTS ARREST ONLY IF IT IS:A VEHICLE INCIDENT TO A RECENT OCCUPANTS 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 2009REASONABLE 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

150 CORLEY V. UNITED STATES THE CHALLENGE IN THIS CASE WAS BUILT AROUND THE PRESENTMENT OF AN ARRESTEE WITHOUT UNNECESSARY DELAY.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.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. Texas Commission on Law Enforcement Officer Standards and Education September 1,

151 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)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:LESSON LEARNED: AN UNREASONABLE DELAY IN... AN UNREASONABLE DELAY IN... Texas Commission on Law Enforcement Officer Standards and Education September 1,

152 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 April, 2009 Texas Commission on Law Enforcement Officer Standards and Education September 1,

153 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, 2009THE 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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

154 ARIZONA V. JOHNSON HOLDING: SEARCH OF AUTO PASSENGER JUST LIKE TERRYHOLDING: SEARCH OF AUTO PASSENGER JUST LIKE TERRY REQUIREMENTS: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 Texas Commission on Law Enforcement Officer Standards and Education September 1,

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


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