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by Soccerdad1995
Tue Apr 09, 2019 4:17 pm
Forum: 2019 Texas Legislative Session
Topic: HB 121 - Requires oral notice for 30.06 and 30.07
Replies: 13
Views: 1644

Re: HB 121 - Requires oral notice for 30.06 and 30.07

ELB wrote:
Tue Apr 09, 2019 3:18 pm
As 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:
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.
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.
:iagree:

While hard to follow, it appears that this bill is a net win, albeit a small one, for LTC holders.
by Soccerdad1995
Wed Nov 14, 2018 1:25 pm
Forum: 2019 Texas Legislative Session
Topic: HB 121 - Requires oral notice for 30.06 and 30.07
Replies: 13
Views: 1644

Re: HB 121 - Requires oral notice for 30.06 and 30.07

locke_n_load wrote:
Tue Nov 13, 2018 8:58 pm
sounds like you can still get cited if they don't tell your orally and just call the cops.
Unless the cops give you oral notice and you then leave. I think it has already been established that a LEO has authority to give oral notice in cases where there are no signs, etc.

"Sir, I'm sorry but that sign means you cannot carry in here....."

"Thanks officer, I'd like to leave now. Is that OK?"

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