Legislative Up-Dates
82nd Texas Legislative Session
Bexar County Constable’s Office
Precinct #4
Constable Robert M. “Mike” Blount
LESSON FACILITATOR
• Name:
• Education:
• Expertise:
• Other:
• Honors & Awards:
• Affiliations:
OPENING STATEMENT
Introduction
There are numerous bills passed
nd
by the 82 Legislature that have
an impact on law enforcement.
There were administrative
changes, changes in existing
statutes and new laws introduced
to various legal statutes.
As law enforcement officers
it is important for you to
know and understand these
new changes and laws.
We don’t rise to the level of our expectations –
we fall to the level of our training”
-Archilochus, Greek Soldier
PENAL CODE (PC)
•P.C. 1.07 – HB 3423
Subsection 46 (b) added to
define “Federal Special
Investigator”
PENAL CODE - Continued
•P.C. 3.03 – SB 24
Subsection (b) (5) added to
permit the stacking of
sentences for arising out of
P.C. 20A.02
PENAL CODE - Continued
• PC 12.35 – HB 3000 Subsection © amended to enhance
a state jail felony to a third
degree felony if the person has
been previously convicted of an
offense under the new law.
PENAL CODE - Continued
•P.C. 12.42 – HB 3 & 3000
Subsection C4 amended
(Life without possibility of
parole)
PENAL CODE - Continued
•P.C. 16.01 – HB 2577
Unlawful use of a criminal
instrument or mechanical
security device
PENAL CODE - Continued
• P.C. 19.03 – SB 377 Amends
Subsection (a) (8) to expand
eligibility for the death
penalty to persons who
murder a child under 10
years of age. (Former law capped child
victims age at 6 years)
PENAL CODE - Continued
•P.C. 20.05 – SB 260
Amends the title which was
(Unlawful Transport) and
changes important
elements of the offense.
PENAL CODE - Continued
•P.C. 20A – SB 24 adds
definitions for child
(Someone younger than 18
years of age, and sexual
conduct )
PENAL CODE - Continued
• P.C. 20A.02 – SB 24 Tweaks the
matters and means of
committing the offense found
in sub-section (a) and adds an
additional 6-subdivisions
listing additional ways in which
the offense can be committed.
(Subdivisions are numbered 3 – 8)
PENAL CODE - Continued
• P.C. 20A.03 – SB 24 Relating
to the creation of the offense
of continuous trafficking of
persons; providing a penalty
and other civil consequences
PENAL CODE - Continued
•P.C. 21.02 – SB 24 amends
subsection (c) and adds
violations of 20A.02 (a) (7)
or (8) and 43.05 (a) (2)
PENAL CODE - Continued
•P.C. 21.12 – HB 1610
Improper relationship
between educator and
student
PENAL CODE - Continued
•P.C. 22.011 – HB 1610
decriminalizes consensual
sex between a young adult
and someone 15 or older
PENAL CODE - Continued
•P.C. 22.021 – SB 24
Aggravated Sexual Assault
amends the aggravating
factors
PENAL CODE - Continued
•P.C. 22.04 – SB 688
removes references in this
section to “Exploitation”
PENAL CODE - Continued
•P.C. 25.01 – HB 253
Bigamy fixes an error in the
punishment for offense
PENAL CODE - Continued
•P.C. 25.03 – HB 3439
Interference with Child
Custody
PENAL CODE - Continued
•P.C. 25.07 – SB 279
Violation of certain court
orders or conditions of
bond in family violence
case
PENAL CODE - Continued
•P.C. 25.08 – HB 2014 Sale
or purchase of a child
Expands the enhancement
provision of subsection (c)
PENAL CODE - Continued
•P.C. 31.03 – HB 2482 Theft
Cleans up and relocates an
enhancement that was
originally located in 31.16
PENAL CODE - Continued
•P.C. 31.04 – SB 1024 Theft
of Service
• P.C. 31.16 – HB 2482
Organized Retail Theft
PENAL CODE - Continued
• P.C. 31.17 – HB 1215
Unauthorized acquisition
or transfer of certain
financial information “New
Offense”
PENAL CODE - Continued
• P.C. 33.02 – HB 3396
Breech of computer
security
PENAL CODE - Continued
• P.C. 33.07 – HB 1666
Online impersonation
changes title from the
original “Online
Harassment”
PENAL CODE - Continued
• P.C. 38.04 – HB 1666
Obstructing governmental
operation several bills have
impact on this statute, HB
3423, SB 496 and SB 1416
PENAL CODE - Continued
• P.C. 42.01 – HB 359
Disorderly Conduct does
not apply to a student in
th
the 6 grade or lower
grades.
PENAL CODE - Continued
• P.C. 42.055 – HB 718
Funeral Disruption amends
this offense to prohibit
certain prescribed
picketing
PENAL CODE - Continued
• P.C. 42.072 – SB 82 in respect
to STALKING removes
“including following the other
person, provides protection
rd
for 3 party, expands
enhancement
PENAL CODE - Continued
• P.C. 42.105 – HB 1043
“COCKFIGHTING” modeled
after PC 42.10 (Dog
Fighting) “New Offense”
PENAL CODE - Continued
• P.C. 43.261 – SB 407
Electronic transmissions of
certain visual material
depicting a minor (better
known as (SEXTING)
PENAL CODE - Continued
• P.C. 46.01 – SB 1416
Definitions adds 17 to
define tire deflation
devices
PENAL CODE - Continued
• P.C. 46.02 – HB 25 Unlawful
Carrying Weapons: amends
subsection (a) (2)
PENAL CODE - Continued
• P.C. 46.05 – SB 1416
Prohibited Weapons: adds
tire deflation device to the
list of prohibited weapons
PENAL CODE - Continued
• P.C. 49.04 – HB 1199 Driving
While Intoxicated
• P.C. 49.09 – HB 1199
Enhanced offenses and
penalties
CODE OF CRIMINAL
PROCEDURE (CCP)
• Art. 2.12 – Who are peace
officers, 4-bills affected this
article HB 2702, SB 601, HB
3815 and SB 653 (Effective
6/17/2011)
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 2.122 – SB 150 and SB
530 Special Investigators
(Effective 6/17/2011)
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 2.126 – SB 1378 Peace
Officers Commissioned by
the Alabama Coushatta
Indian Tribe.
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 2.127 – SB 7
Investigation of certain
reports alleging abuse,
neglect or exploitation
Effective 9/28/2011
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 2.31 – SB 1233 and SB
604 County Jailers Effective
6/17/2011
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
•Art 4.12 - S.B. 1200
Allowing J.P. Cases to be
Tried in Adjacent
Counties
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 5.05 – HB 2642 Family
Violence Prevention
Requirement to provide
written notice to state or U.S.
military if the are active duty
member
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 6.09 – HB 1721
Stalking Protective Order
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 7a – 7a – Protective
Order for certain victims of
trafficking, sexual assault and
stalking 4-bills impact this
article SB 24, SB 250, HB 649
and HB 1721
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Chapter 12 Limitation and
venue 4-bills have an
impact SB 24, HB 3000, HB
253 and HB 688
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Chapter 13 Venue
• Art. 13.075 – SB 1551 Child
injured in one county
residing in another
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 13.08 – SB 1103 Theft
• Art. 13.12 – HB 260 & SB 24
Trafficking of Persons, false
imprisonment, kidnapping and
smuggling of persons
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 13.13 – SB 934
Conspiracy
• Art. 13.21 – SB 934
Organized Criminal Activity
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 13.271 – SB 485
Prosecution of Mortgage
Fraud
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 13.295 – HB 1215
Unauthorized acquisition
or transfer of certain
financial information
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 13.35 – SB 934 Money
Laundering
• Art. 13.36 – SB 82 Stalking
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 15.27 – HB 1907
Notification of Schools
required
• Art. 18.01 – SB 483 Search
Warrants
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 38.20 – SB 121
Eyewitness Identification
Procedures
• Art. 63.001 – HB 2662
Missing children and missing
persons
CODE OF CRIMINAL PROCEDURE
(CCP) - Continued
• Art. 63.009 – HB 943 Law
Enforcement Requirements
HEALTH & SAFETY CODE
(HSC)
• HSC 481.103 – HB 2118
Penalty Group 2 Bath salts
• HSC 481.1031 – HB 2118
Penalty Group 2-a
Synthetics
HEALTH & SAFETY CODE
(HSC) - Continued
• HSC 481.1285 – SB 158
Diversion of controlled
substances by registrants,
dispensers and certain
other persons
HEALTH & SAFETY CODE
(HSC) - Continued
•HSC 481.129 – SB 158
FRAUD
HEALTH & SAFETY CODE
(HSC) - Continued
• HSC 481.134 – SB 331 Drug
Free Zones
FAMILY CODE (FC)
• FC 71.0021 – SB 116
Definition of dating
violence amended
• FC 85.021 – SB 279
Contents of Protective
Orders
FAMILY CODE (FC)
Continued
• FC 85.022 – SB 279
Requirements of order
applying to person who
committed family violence
FAMILY CODE (FC)
Continued
• FC 85.025 – SB 789
Duration of Protective
Order multiple changes in
this section
GOVERNMENT CODE (GC)
• GC 411.0206 – HB 2256
Department of Public
Safety of the State of
Texas
GOVERNMENT CODE (GC)
• New Chapter – HB 2256
enacts this chapter to
facilitate investigations of
certain offenses involving
the internet based sexual
exploitation of a child
GOVERNMENT CODE (GC)
Continued
• GC 420.042 – SB 1636
Analysis of sexual assault
evidence.
• GC 422.001 – Definitions
GOVERNMENT CODE (GC)
Continued
• GC 422.002 – Internet
Crimes Against Children
Account
• GC 422.003 –
Administrative Subpoena
GOVERNMENT CODE (GC)
Continued
• GC 422.004 –
Confidentiality of
information
• GC 508.251 – HB 2735
Issuance of warrant or
summons
TRANSPORTATION CODE (TC)
• TC 521.042 – HB 341
Reporting of Motor Vehicle
Accidents
• TC 521.1211 – SB 1292
Peace Officer Drivers
License
TRANSPORTATION CODE (TC)
Continued
• TC 545.157 – HB 378 Passing
authorized emergency
vehicle
• TC 545.4145 – HB 2981 Riding
in a boat or personal
watercraft drawn by a vehicle
TRANSPORTATION CODE (TC)
Continued
• TC 545.352 – HB 1353
Speed Limits
• TC 545.425 – HB 1899
Wireless communication
devices
LOCAL GOVERNMENT CODE
(LGC)
• LGC 143.090 – HB 2006 &
SB 484 Release of Photo of
Police Officer
• LGC 170.002 – HB 1379
Purchase of a Firearm
ALCOHOL - BEVERAGE (ABC)
• ABC 016.04 – HB 3473 &
SB 1331 Regulator and
Penal provisions
Title 10 Occupation Code (OC)
Chapter 1701 Law Enforcement Officers
• OC 1701.452 – HB 520 & SB
545 Employee Termination
Reports
• OC 1701.001 – HB 1402
Exempt persons licensed
under 1701 from Occupation
Code Chapter 53
OC 1701.001 – Exempt persons licensed under
1701 from Occupation Code Chap 53
The consequences of criminal
convictions on occupational
licenses are contained in current
law. Licensed Peace Officers are
EXEMPT from that law; but that
other law enforcement officers,
OC 1701.001 – Exempt persons licensed under 1701
from Occupation Code Chap 53 – Cont’d
including county jailers, are
only partially exempt despite
being issued licensed by the
Texas Commission on Law
Enforcement Officer Standards
and Education (TCLEOSE).
OC 1701.001 – Exempt persons licensed under 1701
from Occupation Code Chap 53 – Cont’d
Applicants for a license to
provide law enforcement
services are specifically
exempted from the statutory
provisions relating to the initial
licensure of certain
OC 1701.001 – Exempt persons licensed under 1701
from Occupation Code Chap 53 – Cont’d
Applicants with prior criminal
convictions but not from the
provision disciplining license
holders for such convictions.
OC 1701.001 – Exempt persons licensed under 1701
from Occupation Code Chap 53 – Cont’d
Under the Occupation code,
TCLEOSE issues licenses to
peace officers and other
officers; such as jailers, and is
also authorized to discipline
license holders under those
OC 1701.001 – Exempt persons licensed under 1701
from Occupation Code Chap 53 – Cont’d
provisions. However, there is
concern that TCLEOSE is unable
to discipline licensees equally
because some law enforcement
officers, such as jailers, are only
partially exempt from
provisions relating to
OC 1701.001 – Exempt persons licensed under 1701
from Occupation Code Chap 53 – Cont’d
consequences for criminal
convictions. TCLEOSE routinely
takes disciplinary action against
individuals who hold both a
jailer and peace officer license.
As a result there is potential
conflict between the discipli-
OC 1701.001 – Exempt persons licensed under 1701
from Occupation Code Chap 53 – Cont’d
-nary provisions of the code.
HB-1402 seeks to remedy this.
Title 10 Occupation Code (OC)
Chapter 1701 Law Enforcement Officers
Continued
• OC 1701.351 – SB 244 allows
nd
Peace Officers who is 2 incommand to a chief to attend a
program from Bill Blackwood to
be exempt from continuing
education requirement
Title 10 Occupation Code (OC)
Chapter 1701 Law Enforcement Officers – Cont’d
• OC 1701.351 – SB 244 allows
Peace Officers who is secondin-command to a police chief
to attend a program from Bill
Blackwood to be exempt from
continuing education
requirement
EDUCATION CODE (EC)
• EC 37.0832 – HB 1942
Relating to BULLYING in
public schools.
• EC 37.084 – HB 3385 & SB
1106 Juvenile Criminal
History
EDUCATION CODE (EC) - Continued
• EC 54.208 – HB 1163
College Education
• EC 96.641 – HB 480 and SB
244
FEDERAL LAW UPDATE
(Recent Court Decisions)
• Depart of Homeland
Security (DHS) Terror Alert
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• HR 218 Law Enforcement
Officers Safety Act 2004
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• Secure Communities
Program
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• Estate of Ceballos V
Broadwater, Porras, &
Mull
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• Texas Opening Meeting
Act
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• Snyder V Phelps
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• Humberto Leal Garcia V Texas
(Garcia v Texas Nos. 11-5001
(11A1), 11-5002 (11A2), and
11-5081 (11A21) SUPREME
COURT OF THE UNITED
STATES, 131 S. Ct. 2866
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• Miranda Warnings (Florida
V Powell, No. 08-1175,
SUPREME COURT OF THE
UNITED STATES, 130 S. Ct
1195)
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• Maryland V Shatzer
“EDWARDS RULE”
(Maryland V Shatzer, No.
08-680, SUPREME COURT
OF THE UNITED STATES, 130
S. Ct 1213)
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• Kentucky V King (Kentucky
V King, No. 09-1271,
SUPREME COURT OF THE
UNITED STATES, 131 S. Ct
1849)
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• City of Ontario V Quon
(City of Ontario v Quon
No. 08-1332, SUPREME
COURT OF THE UNITED
STATES, 130 S. Ct 2619)
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
• Skinner V Switzer
FEDERAL LAW UPDATE
(Recent Court Decisions) - Continued
Family Code Section 262.1015(b)
HB 253 Effective Date 9/01/2011
• Removal of alleged perpetrator from the
home – additional requirements.
• Section 262.1015(b), concerning the removal
of the alleged perpetrator from the home as
an alternative to the removal of the child, is
amended by adding a new requirement for
issuance of an order under this section.