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Flashcards in Texas - Legislative Update Deck (37)
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1

Unlawful Carrying of a OF HANDGUN BY LICENSE HOLDER

PC 46.035 changed “failure to conceal” to “displaying in plain view”

2

Tampering with Government Records

PC 37.10 made tampering with Standardized Test Scores a 3rd Degree Felony

3

Prostitution

PC 43.02, 03, 04 - Increased punishment if person solicited younger than 18 – 2nd Deg.

4

Prostitution – Deferred

Now can use “Deferred” as a conviction

5

Prostitution – Promotion

Class A Misd; with prior then SJF; person younger than 18 2nd Deg.

6

Stacking Added

PC 3.03 - 1st Deg. Injury to a child, elderly, disabled person if some criminal episode

7

Sex Offender Registration

CCP 62.0045 - Counties with less than 100,000 now have centralized registry

8

Sex Offender Registration – Employer

CCP 62.005 - Employer’s name, address, and telephone number not in public database

9

Sex Offender Registration – Employment

CCP 62.063 - SO cannot be employed to: 1. operate a bus; 2. drive taxi or limo; 3. Unsupervised service in a residence; 4. operate an amusement park ride

10

Sex Offender Registration – Failure to Register

PC 32.51 - Failure to register and use of fraudulent ID increases offense to next level

11

School Marshals

CCP 2.127 - Board of Trustees may make rules for school marshals: 1. act only necessary to prevent SBI or death; 2. No traffic citations; 3. Must be licensed peace officer

12

Accepting Plea for Fine Only Offense

CCP 45.023 JP or Municipal Court may accept plea of DETAINED person; D may file a motion for new trial – court shall grant motion if filed in 10 days

13

Juvenile in Municipal or Justice Court

PC 8.08 JP or Muni Crt Judge SHALL on motion on motion of CRT, State, or someone acting as parent SHALL evaluate capacity to: 1. proceed; or 2. understand wrongfulness of action. If PC to believe NO capacity CRT may dismiss without notice to the State; State may appeal

14

Conviction of Child 10 – 15

10-15 presumption that child couldn’t commit fine only offense or ordinance; State must establish be preponderance of evidence that actor has sufficient capacity (doesn’t apply to truancy)

15

Juvenile Younger than 10 - Fine Only Offenses

PC 8.07 Younger than 10 – cannot be convicted of fine only offense or city ordinance

16

Jury Charge – Organized Crime

CCP 37.03 CRT must provide “Parole Instruction” for Organized Criminal Activity or Directing a Street Gang; Actual Time = ½ sentence or 30 years

17

Juror Information

CCP 35.29 D counsel may provide confidential juror information to 11.071 (Death Penalty Writ) counsel without application to CRT

18

Habeas Corpus – Scientific Evidence

"CCP 11.073 (all new) CRT may grant writ: 1. Relevant; 2. not ascertainable through reasonable diligence; 3. Would be admissible under TRE on day of application; 4. CRT finds D would not have been convicted
CRT must consider whether the scientific knowledge or method is based on change since: 1. Trial; and 2. Prior to application"

19

Sexual Offense Extraneous Offenses – Applies to

1. Sexual Trafficking of Child 1st Deg; 2. Continuous Sex Abuse of Child; 3. Indecency Sexual Contact; 4. Sex Assault of Child; 5. Agg. Sex Assault of Child; 6. Online Solicitation; 7. Sexual Performance; 8. Child Pornography; 9. Attempt or Conspiracy of above

20

Sexual Offense Extraneous Offenses – Admissible if

1. Prior to commission or present offense; 2. For any relevant purpose – INCLUDING conformity of character; 3. Hearing without jury; 4. Judge finds beyond a reasonable doubt; 5. 30 Days notice by the State – NO request from D needed (403 still applies)

21

Prohibited Weapon

PC 46.05 Removed “Switchblade”

22

Prohibited Weapon

PC 46.05 Removed “Switchblade”

23

Organized Crime – Agg. Sex Assault of Child

"PC 71.02 Life without parole if D is 18; and Vic. Younger than 6; or
Vic. Younger than 14 and commits with violence, threat, or substance."

24

Motor Vehicle Accident

"Trans Code 550.021 D must stop and render aid if “reasonable likely to result in injury or death”
Note: unit or prosecution is 1. Victim or 2. Accident"

25

Community Supervision – Sexually Violent Offender

CCP 42.12 Sec. 5(2) If CRT grants comm. Supervision judge SHALL make finding if victim is younger than 14

26

What is the punishment for a First Degree enhanced with Organized Crime?

PC 71.02 15 years to Life

27

Money Laundering

"PC 34.01 Redefines “funds”
Include “stored value cards” as defined in B&C Code
Redefines; “proceeds” Means funds acquired or derived directly or indirectly from, produced through, realized through, or used in the commission of a crime"

28

Salvia

HSC 481.104 Adds Salvia Divinorum to PG 3; Unless unharvested and growing in natural state

29

Child Pornography

PC 43.26 Adds victims of trafficking; Adds to possess “knowingly or intentionally accesses with intent to view”

30

Assault – Third Deg.

PC 22.01 Adds “emergency room personnel” to Third Deg.