Search found 2 matches

by PriestTheRunner
Wed Nov 14, 2018 4:19 pm
Forum: 2019 Texas Legislative Session
Topic: HB 121 - Requires oral notice for 30.06 and 30.07
Replies: 13
Views: 1631

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

Charles L. Cotton wrote:
Wed Nov 14, 2018 4:16 pm
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.
Correct. HB121 will not make oral notice to leave a requirement.

Chas.
Chas, I'm not really understanding what this law changes then? Is it just clarifying the 'leave when asked' provision of the current law as it has been enforced? Basically, it clarifies that you may be guilty of Class C Misd. if passing the sign but are not guilty of Class A until asked and refusing to leave?

If the law is already applied that way, why is this one needed?

Thanks
by PriestTheRunner
Tue Nov 13, 2018 4:13 pm
Forum: 2019 Texas Legislative Session
Topic: HB 121 - Requires oral notice for 30.06 and 30.07
Replies: 13
Views: 1631

HB 121 - Requires oral notice for 30.06 and 30.07

Can somebody explain this one to me...? It looks like a clarification amending subsection H but I can't determine what exactly its doing:

https://capitol.texas.gov/BillLookup/Hi ... Bill=HB121
A BILL TO BE ENTITLED

AN ACT
relating to a defense to prosecution for the offense of trespass by
certain persons carrying handguns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.06, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) It is a defense to prosecution under this section that
the license holder was personally given notice by oral
communication described by Subsection (b) and promptly departed
from the property.

SECTION 2. Section 30.07, Penal Code, is amended by adding
Subsection (h) to read as follows:
(h) It is a defense to prosecution under this section that
the license holder was personally given notice by oral
communication described by Subsection (b) and promptly departed
from the property.

SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2019.

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