TexasCHLforum.com

PENAL CODE
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 2. BURDEN OF PROOF

Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."

(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.

(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.

(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.

So tell me who decides the underlined parts, i.e. who decides whether evidence of VESP is submitted to a jury? I think you have to convince the judge first.

I would be happy to be wrong, but I don't think the legally has to prove anything other than the elements of the offense.

I note this post from Mr. Cotton:
http://www.texaschlforum.com/viewtopic. ... 41#p176583

An excerpt, with my emphasis added :

..."Defense to prosecution" and "does not apply" are the same thing and you can be arrested. You will have to prove your "defense" at trial. As a practical matter, most prosecutors will treat "does not apply" like they do exceptions, but they are not required to do so.

I don't believe the prosecution has to prove you the defendant was a VESP. I believe the defendant has to prove, at least to the degree that raises reasonable doubt in the minds of the jury, that he is a VESP.

TexasJohnBoy wrote: ...In general, what is required to become a volunteer fire fighter? I live out in the county and before this became a thing I was playing with the idea of volunteering for the VFD closest to me. I wonder if VFD would be more rewarding/impactful than CERT?

I'm sure VFDs vary, but in mine: not everyone in the VFD is a firefighter, but we need everyone we can get. We have two basic kinds of firefighters: structural and wildland. Structural firefighters deal with building/house fires, vehicle fires, and general "rescue". Wildland firefighters deal with well, wildland fires: grass, forest, brush. Different equipment and training for each, although there is some overlap. At least with us you could do one or the other. We also do medical first responder calls (in fact, that is by far the bulk of our calls). Again, with us, if that is all you wanted to do, didn't want to fight fires, that's OK. We also need people to support the firefighters at the scene with "rehab" or rehabilitation -- that means providing food and water and shelter to the firefighters when they are not actually in fighting the fire.

Most of our members train to do all three major mission areas, structural, wildland, and medical responder, and we have some others that focus on just the rehabilitation part. We have a few more that just come out for things like fundraising, paperwork, station renovation.

As others noted, the basics are: Show up, have a clean criminal record, be a team player, attend training for whatever your role is... and show up.

So if you are interested go visit your local VFD and see how they handle things.

Now, having said all that in the previous post, I think it's still a pretty low bar to clear the VESP hurdle. You could check with your county's Emergency Services Coordinator (or whatever the equivalent is) and see what kinds of things they need help with. I don't think you would necessarily have to be a firefighter or EMT. For example, I know there are volunteer weather watchers/reporters who provide info to...somebody...during storms and tornado watches and such. They may need volunteers to staff a temporary shelter at the school gym or extra hands at the animal shelter during flooding or some such.

The main thing I would want is to assert this defense is to be able to point to documented instance where I responded voluntarily to an emergency in the community. (So if you go help at the temporary shelter, make sure you sign in!) I would not depend just on having a First Aid card or some other certification.

ScottDLS wrote: ... the State would have to prove, beyond a reasonable doubt, that you are NOT an emergency services volunteer.

No, I don't think so, at least as I understand defenses to prosecution. I think the State only has to prove the elements of the offense, i.e. defendant was given proper notice, was in a prohibited area, etc. The defendant has to assert the defense, and first he has to convince the judge that he has evidence to support the defense before being allowed to raise it at trial. If the defendant is a member of a VFD and can show regular attendance, training, has responded to calls for service etc, I think that is a slam dunk. If all the defendant has is a Red Cross First Aid card...that might not be so convincing to some judges.

Assuming the judge lets the defendant raise the defense, then still I think all the State has to prove beyond a reasonable doubt are the basic elements of the offense. The defendant can show his first aid card to the jury, and THEN if the jury has any reasonable doubt about whether it applies or not, they are supposed to acquit. I'm sure the prosecution, if it has taken the trouble to bring this to trial, will attack this defense, but I don't think the State has to prove beyond a reasonable doubt that the defendant is not an emergency service volunteer, the State only has to prove the elements of the basic offense.

Governor signed it today.

TexasJohnBoy wrote: ...
Looks like this fixes section 552.002 Health and Safety code as well. No carry allowed in the listed hospitals in 552.002(2). Civil fines only for violation if I read that part correctly....

That is the list of state mental hospitals, is it not?

RoyGBiv wrote:Question.... Assuming the Gov signs the Bill, does it become effective immediately??
I seem to recall that if a Bill passes with XX % of the vote it becomes effective upon the Gov's signing...

Final tally in the House was 136/9/2 - 92.5%
Final tally in the Senate was 28/3 - 90.3%

I think the bill has to state that it takes effect immediately upon signing if passed by 2/3 of the House and 2/3 of the Senate. This bill states only that it will take effect on 01 Sep 17.

Good.

This bill, HB 1935 (the knife bill), are on the Senate's Regular Order and Local Calendar for to day, along with A LOT of other bills. See: http://www.capitol.state.tx.us/tlodocs/ ... 170524.htm

The Senate is in session now considering bills in some order that is a mystery to me (possibly by senator priority). I notice that for bills on the Local Calendar (I think) that also need 2nd and 3rd readings, they are suspending the rules to vote on both readings.

So there is hope I think that these two bills will pass today...


WHOA! The Session is being broadcast live, and I had one ear on it as I was typing this. Zaffirini is up with a couple bills and I just thought I heard a conversation between the Chair (Perry?) and Zaffirini that seemed to indicate that she will present her "final" bill in a little while -- and the Chair said "That will be a moment in history." Is she retiring?! Big news to me, she represents my area (altho not my views!), and is second in seniority only to Whitmire. Does anyone know anything about this?

ETA: I guess not. I just called her office, and her staffer was almost as confused as I was. Apparently it was an inside joke between her and the Chair about the way she phrases her motions versus the way he would prefer she do it. Or something.

This bill was read for a 3rd time today and passed, so it is through the House. Now it is the Senate's turn.

ETA: 144 yeas, 2 nays, 3 not voting (1 was the Speaker who I think traditionally doesn't vote unless there is a tie, and two were absences).
I hope the resounding support this got means the Senate will quickly move on it as well.

SRO1911 wrote:

Lambda Force wrote:Cool. Get together with some friends and form a volunteer organization to provide an emotional support service for the benefit of the general public during emergency situations.

Or, join your local VFD.
Volunteers make up over 3/4 of firefighters across the nation. The largest group of unpaid professionals anywhere. You will have the opportunity to serve your community, better yourself with training that otherwise would be out of reach for many, test yourself against real stress - and maybe get a nice hat too.

'zackly right.

IIRC unless there is some kind of rule suspension, the Third Reading has to happen on a different day than the Second. So earliest this could finally pass the House would be tomorrow. Hope it does.