ELB wrote: ↑Tue Apr 09, 2019 3:18 pmAs I read it, it creates a defense to prosecution if you are personally asked to leave, you comply, but you are charged anyway.
As it stands now, there is no defense to prosecution if you leave when asked; leaving only affects the level of offense.
This is what Mr. Cotton put on his list of 2A bills:I don't know why you want this bill to die. With the Speaker's "friends" in charge, we are only going to get crumbs this session, we might as well get as many as possible.HB 121: (Swanson, R,A) “Relating to a defense to prosecution for the offense of trespass by certain persons carrying handguns.”
Impact: The Bill creates a defense to prosecution for violation of TPC §§30.06 or 30.07, if the defendant was told to leave the property and the defendant did so.
Position on Bill: Support.
Status: Filed 11/12/2018
Comments: Currently, an oral notification to leave impacts the level of offense (Class C v. Class A). This Bill would extend that concept to create a defense to prosecution if the Licensee complied with an instruction to leave the premises. It does not create a requirement for oral notification.
While hard to follow, it appears that this bill is a net win, albeit a small one, for LTC holders.