SB 1106

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imkopaka
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SB 1106

#1

Post by imkopaka » Mon Mar 13, 2017 10:15 am

I was browsing the current bills on the table last night and I came across this one and found myself confused. SB 1106, written by Bettencourt (R),has the caption: "Relating to the issuance of a citation for criminal trespass punishable as a Class B misdemeanor." Doing a little digging, it looks like the only thing it does is add Penal Code 30.05 to Article 14.06(d) of the Code of Criminal Procedure (text of the bill can be found here).

Chapter 14 of the Code of Criminal Proceedings deals with arrests without warrants. Article 14.06 reads:
Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) Except as otherwise provided by this article, in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.

(b) A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an offense under Section 49.02, Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, the offense charged, and the following admonishment, in boldfaced or underlined type or in capital letters:

"If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney."

(c) If the person resides in the county where the offense occurred, a peace officer who is charging a person with committing an offense that is a Class A or B misdemeanor may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate of this state as described by Subsection (a), the name and address of the person charged, and the offense charged.

(d) Subsection (c) applies only to a person charged with committing an offense under:

(1) Section 481.121, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;

(1-a) Section 481.1161, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;

(2) Section 28.03, Penal Code, if the offense is punishable under Subsection (b)(2) of that section;

(3) Section 28.08, Penal Code, if the offense is punishable under Subsection (b)(2) or (3) of that section;

{proposed amendment:} (3-a) Section 30.05, Penal Code, if the offense is punishable as a Class B misdemeanor;


(4) Section 31.03, Penal Code, if the offense is punishable under Subsection (e)(2)(A) of that section;

(5) Section 31.04, Penal Code, if the offense is punishable under Subsection (e)(2) of that section;

(6) Section 38.114, Penal Code, if the offense is punishable as a Class B misdemeanor; or

(7) Section 521.457, Transportation Code.


I feel like this could apply to LTC's but I haven't a clue how. Is there a time when an unlawful carry could be considered a class B misdemeanor? If this bill were passed, what effect would it have on LTC's, if any? Furthermore, why is the amended section labeled as 3-a instead of 8? 3-a suggests it is related to 3, but the statute listed in 3 deals with graffiti. :confused5
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Vol Texan
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Re: SB 1106

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Post by Vol Texan » Mon Mar 13, 2017 10:53 am

I'm no lawyer, so what I'm about to write is a layman's guess. I'm sure one of the legal minds here can clarify.

According to this site (https://www.goldsteinhilley.com/texas-c ... -trespass/), the criminal trespass is usually a Class B. It is elevated to Class A if the person is carrying a deadly weapon.
Penalties for Criminal Trespass in Texas

In most cases, a criminal trespass is charged as a Class B misdemeanor depending on the place where the trespass occurred. Trespass as a Class B misdemeanor is punishable by up to 6 months in jail and a $2,000 fine.

Certain enhanced penalties and conditions apply if the property subject to the criminal trespass charge can include residential land, agricultural land, a recreational vehicle park, a building, an aircraft or other vehicle.

The crime is further elevated to a Class A misdemeanor if the person carries a deadly weapon during the commission of the offense. Even without a weapon, the offense can be charged as a Class A misdemeanor if the trespass occurred in a habitation or a shelter center, on a Superfund site, or in or on a critical infrastructure facility.
In your text above, it says, "{proposed amendment:} (3-a) Section 30.05, Penal Code, if the offense is punishable as a Class B misdemeanor;"

So, in the instances where it is a Class A (carrying a weapon), it seems that the new added section doesn't apply.

Again, I'm no lawyer, and I am basing my notes on what the website I checked above has to say about the matter. I could be completely off base.
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