2015
CRIMINAL LAW
LEGISLATIVE
UPDATE
Kristin Etter
October 16, 2015
TCDLA
GOALS
•Protect
the Michael Morton Act
•Kill
bad bills
•Fix
expunctions
TONE of SESSION
•Strange
bedfellows
•Historic
Speaker Vote
•Senate
two-thirds rule
2015 SESSION
MAIN THEMES
Guns
Guns
Guns
2015 SESSION
MAIN THEMES
Grand Jury
Reform
2015 SESSION
MAIN THEMES
Marijuana and
other
decriminalization
measures
SESSION OVERVIEW
•Number
of bills filed: 6,440
•TCDLA Track:
Approx. 1000
•Number
of bills passed: 1,329
•15-20%
Track passed
2015 SESSION
LEGISLATIVE UPDATE OVERVIEW
•Michael
Morton Act & Discovery
•Occupational Licenses
•New Standard Value Ladder
•Sex Offenses
•Non-Disclosures
•Rule of Lenity
•Search & Seizure
•Grand Jury
•Family Violence
2015 SESSION
LEGISLATIVE UPDATE OVERVIEW
•Drugs
•Juveniles
•Guns
•Forensics
& Post-Conviction
•Digital Crimes
•Probation
•Jail & Prison
•Death Penalty
•Fine & Court Costs
MICHAEL MORTON ACT &
DISCOVERY
HB 510 - (CCP 39.14) Request for Notice
of Expert Witness.
HB 3791 – (CCP 2.139) Video Recordings
of Arrests for Intoxication Offenses (Does
not include DUI)
OCCUPATIONAL LICENSE
HB 2246 (TTC 521.251) - Ignition Interlock
“in lieu of a license suspension”
• No hard suspension with IID
• No essential need with IID
• No travel restrictions with IID
• If DL suspended on conviction, IID
required for entire suspension
HB 441 (TTC 521.249) - Copy of Order
valid for 45 Days.
VALUE LADDER
HB 1396 (TPC Property Crimes)
RAISING THE AMOUNTS FOR
MISDEMEANOR OFFENSE LEVELS:
Class C: Less than $100
Class B: $100+ but less than $750
Class A: $750+ but less than $2,500
VALUE LADDER
HB 1396 (TPC Property Crimes)
RAISING THE AMOUNTS FOR
FELONIES OFFENSE LEVELS:
SJF: $2,500+ but less than $30,000
3d Degree: $30,000+ but less than $150,000
2d Degree: $150,000+ but less than $300,000
1st Degree: More than $300,000
SEX OFFENSES
HB 1396 (CCP 32A.01) Trial Priority for
child victims.
Unless extraordinary circumstances require
otherwise, the trial of a criminal action in which the
alleged victim is younger than 14 years of age shall be
given preference over other matters before the court,
whether civil or criminal
Unless extraordinary circumstances
require otherwise, the trial of a criminal
SEX OFFENSES
SB 1135 (TPC 21.16) Unlawful
Disclosure or Promotion of Intimate
Visual Material aka “Revenge Porn”
•
Creates new crime to disclose or promote
“revenge porn” if you disclose visual
material depicting person’s intimate parts
or engaged in sexual conduct without
consent
SEX OFFENSES
SB 1317 (TPC 21.15) Invasive Visual
Recording:
The New and Improved
Improper Photography Statute
•
•
Removes requirement that it be done with
intent to arouse or gratify sexual desire
Makes it a crime to photograph intimate area
of a person if the person has a reasonable
expectation that the intimate area is not
subject to public view
SEX OFFENSES
SB 344 (TPC 33.021) The New and
Improved Online Solicitation
•
•
•
Prior version struck down by CCA
Changes the definition of a minor protected by online
solicitation law to anyone younger than 17, rather
than anyone who "represents himself or herself to
be" younger than that age.
Also removes “intent to arouse or gratify sexual
desire” language
SEX OFFENSES
HB 207 (TPC 21.16) Voyeurism – the new
“Peeping Tom” Bill
•
•
Makes it a new crime to commit “voyeurism”
which is observing another person in a dwelling
or structure where a person has a reasonable
expectation of privacy with the intent to arouse
or gratify sexual desire
Class C unless 2 priors, then Class B, or unless
person is child younger than 14, then SJF
SEX OFFENSES
SB 825 (TPC 43.02) Prostitution
• distinguishes the Jane from the John
• Both
are still Class B (unless
enhancements apply)
SEX OFFENSES
HB 2291 (TPC 42.037) Child Pornography
• Prior child porn conviction enhances to
second degree
• Two prior convictions enhances to first
degree
• Prior conviction for promotion enhances
to first degree
SEX OFFENSES
HB 189 (CCP 12.01) Statute of limitations
Elimination aka the Bill Cosby Act
•
eliminates the statute of limitations for sexual assault if
probable cause exists to believe the defendant has
committed the same or similar sexual offense against FIVE
or more victims.
CRIMINAL RECORDS
VETOED BY GOVENOR - HB 3579
(CCP 55.01) Expunctions: by offense,
not arrest
SB 1902 (TGC 411) Non-disclosures
Provides for nondisclosures of certain nonviolent misdemeanor convictions
Also provides for immediate and cheaper
nondisclosures for certain successfully completed
deferred adjudications
RULE OF LENITY
HB 1396 (TGC 311.035) For crimes
outside the penal code, any ambiguity
favors the defendant.
SEARCH & SEIZURE
HB 1396 (CCP 18.02 & 18.0215) Warrant
requirement for cell phones
HB 326 (CCP 18.01) Electronic submission
for search warrants
HB 941 (TGC 411.1471) DNA database
expansion
GRAND JURY
HB 2150 (CCP 19) Expanded traditional
juror qualifications to grand jury
End of “key man” system
FAMILY VIOLENCE
SB 817 (TFC 71.004) Expands definition of dating
violence to include applicant of PO
HB 388 (TFC 85.025) Extension of duration of
protective orders if person in custody
HB 2645 (TPC 25.07) New offense: Tampering with
GPS
HB 2645 (CCP 38.371) Rules of Evidence Change
SB 112 (CCP 17.292) Magistrate can cut off all
contact with victim or children
DRUGS
SB 173 (HSC 481.1031) Synthetic marijuana
SB 339 (HSC 487) Limited medical
marijuana use of THC
HB 1212 (HSC 431) Emergency declaration
of controlled substances when chemists
change one or two molecules to create new
drugs
JUVENILE
HB 2398 (Multiple Statutes) Decriminalizing
truancy
SB 1707 (TFC 58.003) Records
SB 888 ( TFC 56.01 & CCP 44.47) Right to
immediate appeal after certification as an adult
GUNS
HB 910 (Multiple Statutes) Open carry Effective 01/01/2016
SB 11 (TGC 411.2031) Concealed
carry on college campus - Effective
08/01/2016
HB 554 (TPC 46.03) Airports
FORENSICS / POST-CONVICTION
SB 662 (CCP 11.074) Appointment of attorney
for post-conviction writ – Effective 06/16/2015
SB 487 (CCP 64.01) DNA: reasonable
likelihood that it contains biological material
HB 3724 (CCP 3724) Expansion of scientific
writs
HB 48 (CCP 43.27) Exoneration commission Effective 06/01/2015
COMPUTER CRIMES
HB 896 (TPC 33.02) Breach of computer
security: no intent to harm needed
•Overbroad:
challenge
ripe for constitutional
PROBATION
HB 2299 (CCP 42A) Non-substantive
re-write of 42.12 - Effective 01/01/2017
HB 518 (CCP 42.12) Waiver of
probation revocation without being
present
PROSECUTION
HB 1690 (TGC 411.0251) Localizes
prosecution of public officials
JAIL & PRISONS
HB 549 (TGC 511.009) In person jail
visitation
HB 710 (TGC 508.251) Bonds in parole
warrant cases
SB 746 (HSC 841) Civil commitment for
sex offenders - Effective 06/17/2015
DEATH PENALTY
SB 1071 (CCP 43.141) Must provide
notice of execution date
SB 1697 (TGC 552.1081) Secrecy of
execution drug cocktail
FINES & COURT COSTS
SB 873 (CCP 43.05) If police going to
arrest on a capias pro fine and take
someone to jail, can pay the officer
directly instead of car being towed and
arrested.