JANUARY 6, 2023, NUMBER 1. The limitations period for prosecution of Sexual Assault under 22.011(f)(2) is 2 years from the date the offense was discovered. Click on the individual offense pages for more information. For information concerning legislation filed during the 87th Regular Session, visit the state legislature's web site or e-mail Shannon Edmonds, Director of Governmental Relations, or call him at (512) 474-2436. Chapter 1001, Health and Safety Code, is amended by adding Subchapter I-1 to read as follows: Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Lawmaker wants police trained to handle Alzheimer's, dementia patients. More about our Notable Victories and Press, Attorney Advertising. The bill also allows officers to enter the premises to ensure compliance. These new offenses are also added to the Trafficking of Persons offense scheme. All 77 co-authors of House Bill 23 signed on Tuesday. Relating to the duties of and training for certain officers and jailers regarding the child safety check alert list. The Javier Ambler Law bans law enforcement agencies from contracting with shows such as COPS and Live PD, the latter of which captured Amblers deadly encounter with Williamson deputies but never aired. Senate and House Interim Reports Include City-Related Recommendations. To learn more about these amendments orrecent amendments to other relevant laws, please check the Texas Legislature OnlineWebpage. Capitol Report Latest News. A minimum of 40 hours of training to include the current Legislative Update course #3187. Pro Board (NPQS) Texas Commission on Fire Protection (TCFP) Texas Commission on Law Enforcement (TCOLE) Texas Private Security.The 2019 - 2021 training cycle began on 09/01/2019 and runs through 8/31/2021. This article is not a comprehensive analysis of the new laws, and since this is a summary, many important aspects of each bill may not be addressed. House Bill 3257 creates the Texas Holocaust, Genocide, and Antisemitism Advisory Commission. Legislative Update . The penalties are: The law also specifies that anyone convicted of the new offense for an amount more than four grams is not eligible for probation or deferred adjudication. A state jail felony is punishable by six months to two years in a state jail facility and a maximum $10,000 fine. The apparent CPAC snub is nothing new for DeSantis, who has emerged in the . Relating to the duties of the Texas School Safety Center and school districts regarding public school safety and security. Is Greg Abbott Committing the Texas Offense of Human Trafficking? In my opinion, these laws are of dubious constitutional applicability. HB 667 amends a defense to prosecution for Sexual Assault and penalty scheme by making exceptions for cases of incest. A third degree felony is punishable by two to 10 years in prison and maximum $10,000 fine. TCOLE Bill Tracking Table 86th Legislature - Regular Session Note: This table is designed to asist TCOLE commissioners and staff in keeping track of state legislative actions that may affect the Commission. This legislation prohibits professional organizations from suspending or revoking a professional or occupational license or certificate from a person who successfully completes deferred adjudication probation and has had their case dismissed. Govt Code 552.003, 552.117, 552.1175, 552.161, 552.162, 552.2325. House Bill 547 allows home-schooled students to participate in UIL activities. The new fines are to be codified in Section 709, Transportation Code. Over 600 new laws signed into law by Governor Greg Abbott go into effect today in the state of Texas. Relating to tactical medical officers; requiring an occupational certificate; authorizing fees. Legislative Update | Texas Marijuana Policy (May 25, 2021) That officer, Derek Chauvin, sentenced to more than 22 years in prison for murder. This bill prohibits a law enforcement agency from authorizing a person to accompany and film a peace officer acting in the line of duty for the purpose of producing a reality television show. mediatek kt107 tablet update (PORTLAND, Maine) Nov 1, 2022 - A person riding a bike on Route 302 in Windham was killed on Monday night. Learn more on the Health Care Fraud page. These cookies will be stored in your browser only with your consent. 122.055), (2) forging, falsifying, or altering the results of a laboratory test under the new law (Sec. A state jail felony is punishable by six months to two years behind bars and a maximum $10,000 fine. SB 751 prohibits Deep Fake videos from being published within 30 days of an election. Notably, it also made human trafficking a first-degree felony if the actor recruited, enticed or obtained the victim from a shelter or treatment center for runaways, foster children, and the homeless, among others. 42A.054 for which judges cannot order community supervision; was listed as a reportable conviction or sexually violent offense under the states sex offender registry; involved certain other sex offenses or public indecency; or was related to the activity or conduct for which the person sought or held the license. 607.103, Government Code. Damaging or Destroying Critical Infrastructure Facility. Instead of an automatic suspension, the bill specifies that a $100 fine be imposed instead for a misdemeanor conviction. All Texans over the age of 21 are now able to carry a handgun in public without a license or training as long as they are not prohibited from possessing a gun by state or federal law. (512) 463-2000, Office of the Texas Governor | Greg Abbott, Over 600 New Laws Go Into Effect Today In State of Texas. House Bill 1927 authorizes Constitutional Carry in Texas, meaning law-abiding Texans can legally carry a handgun without a license to carry. The following account by the CLEAT Public Affairs team, is a brief legislative wrap-up to inform you on how we fared this session. Multiple bills passed by the 87th legislative session will have an impact on Texas law enforcement. There were administrative changes, changes in existing statutes, and new laws. The bills would require Texas law enforcement agencies to implement more uniform and substantive disciplinary actions for officer misconduct, bar officers from arresting people for fine-only. Current law requires drivers to move over or slow down for specific types of vehicles, such as emergency vehicles or TxDot vehicles. A disclaimer: the information below is intended to only give you a brief summary and point you in the right direction. SB 1754 amends Penal Code Section 38.14 (Taking or Attempting to Take Weapon From Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer) by removing the intention to harm element. Most of the changes have to do with the return of rental property and notice requirements. Addssection 552.1331of the Government Codewhich makes certain utility customer information confidential. The apparent CPAC snub is nothing new for DeSantis, who has emerged in the . Making it a crime for a gang member to carry a firearm in a vehicle. House Bill 1306 makes assault a third-degree felony (punishably by up to 10 years in prison) and aggravated assault a first-degree felony (punishable by up to life in prison) if the actor knew the person was performing a duty as a process server. There is a good chance this legislation will likely be found unconstitutional on appeal. This legislation is an effort to deter the spike of smash and grab crimes involving ATM machines. Learn more about the new DWI Deferred eligibility on our DWI Probation page. This legislation was filed in response to the death of George Floyd, who is black and died after a white Minneapolis police officer kneeled on his neck for nine minutes and 29 seconds. A long and controversial legislative session resulted in a mixed bag of new criminal laws in Texas. Abbott has just announced a special legislative session to begin on July 8th, 2021). To Senate Criminal Justice Committee. A person commits this offense if he or she knowingly engages in the wrongful taking, appropriation, obtaining, retention or use of money or other property of an elderly person by any means, including financial exploitation. Relating to hiring and licensing certain persons as peace officers. SB 1802 adds Aggravated Promotion of Prostitution to the list of reportable offenses, expands the definition of coercion for Trafficking offenses, increases the penalties for Compelling Prostitution, Promotion of Prostitution and Aggravated Promotion of Prostitution, expands the definition of Compelling Prostitution to include coercion. We have more on all of these changes on the respective offense pages. House Bill 1925 prohibits camping in public spaces. HB 1758, Filed without the Governors Signature. House Bill 2352 authorizes the parole board to grant early release to an inmate who participates in the Texas Department of Criminal Justice (TCDJ) education and vocational pilot training program. SB 1258 adds limited liability companies (LLCs) to the same lists that corporations and other business entities are on with respect to criminal prosecutions in the Code of Criminal Procedure. Code. TCOLE requires officers to attend this course between a year before and a year after their appointment. Check the TAB for more information, Education Services is updating the Instructor Proficiency courses and would love your feeback. This law was passed in an effort to prevent abuses and ensure protection of vulnerable residents. House Bill 2622 makes Texas a Second Amendment Sanctuary State by protecting Texans from new federal gun control regulations. The bill also requires DPS to submit an annual report on the number of unanalyzed sexual assault evidence collection kits in the tracking system to the governor and legislature and to post the report on its website. AUSTIN When the newly passed state budget takes effect in September, practically the only state workers who will receive pay bumps are several thousand law enforcement officers and some. I fully expect them to be challenged in court. Class B and certain State Jail Prostitution convictions will require mandatory community supervision unless a jury does not recommend it. Senate Bill 13 prohibits state contracts and investments with companies that boycott energy companies. Relating to inclusion of instruction on the trafficking of persons in the basic training curriculum for peace officers. Temporary DMV Registration in Arizona. The act also provides for a grant program to provide hiring bonuses to newly hired full-time officers. The bill requires TDCJ to annually identify at least 100 inmates who are suitable candidates for participation in the pilot program and requires the Office of Court Administration of the Texas Judicial System to develop and annually provide a training program to educate and inform judges on the components of the pilot program. Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update. Senate Bill 1818 revises the law that automatically suspends a persons drivers license for 180 days for any drug conviction, regardless of circumstances. Additionally HB 558 will result in the unnecessary suppression of evidence and a guarantee of extensive litigation in Texas trial and appellate courts. The 87th Texas Legislature began on Jan. 12, 2021 and officially concluded on May 31st, 2021 (although Gov. From the mobile device browser, enter www.txlegis.com. . Geo resource failed to load. Texas Gov. First-degree felonies would not be increased. House Bill 957 removes a firearm silencer from the list of weapons that are prohibited in Texas, so it is no longer an offense to possess a silencer. Marijuana, for the purposes of Texas criminal law, will not include hemp. This update is provided as a courtesy and should not be relied upon as legal advice. However, the law does state that an officer must make a reasonable effort to redirect homeless people to available resources, such as non-profit agencies, before or at the time a citation is issued. Note: This table is designed to asist TCOLE commissioners and staff in keeping track of state legislative actions that may affect the Commission. - Revises requirements for submitting catastrophe notices. SB 20 makes various updates related to prostitution and sex trafficking-related offenses. Relating to continuing education training on civil process for constables. This legislation mandates that law enforcement agencies adopt a written policy detailing the agencys use of force by means of a drone and submit it to the Texas Commission on Law Enforcement every two years. The law freezes property tax revenues for cities with a population over 250,000 that defund the police. sending and receiving), Recommended: Mozilla Firefox 96 or higher, Google Chrome 97 or higher, Changes and updates to the Commission on Law Enforcement, Relevant case law from the U.S. Supreme Court, Changes to the Texas Code of Criminal Procedure, Changes and Updates to Other Texas Statutes, Law enforcement administrators, peace officers, reserve law enforcement officers, judges, and prosecuting attorneys, 4.00 hours Texas Commission on Law Enforcement (TCOLE), After registering online for this course, you will receive an email with instructions for getting started. Relating to peace officer education and training on individuals with disabilities. Senate Bill 1056 makes it a Class A misdemeanor to falsely report a crime or an emergency to elicit an emergency response from law enforcement or other emergency responders. Lawmakers introduced highly unpopular bills to restrict abortion, voting, and free speech, among other civil rights. HB 2789 creates a new offense called Unlawful Electronic Transmission of Sexually Explicit Visual Material. To help you prepare for these new laws our office created this legislative update page. House Bill 2048 adds to that list by requiring drivers to vacate the lane next to, or slow down 20 mph slower than the posted speed limit, when passing a vehicle operated by a toll project entity that has certain required visual signals. No front page content has been created yet. House Bill 2366 enhances criminal penalties for the use of laser pointers and creates an offense for the use of fireworks to harm or obstruct the police. When Penal Code 25.02 (Prohibited Sexual Conduct) the law against incest applies to a sexual assault, the accused person is not allowed to raise the 3-year age difference defense, and the offense is prosecuted as a first degree felony. It is also a third-degree felony to direct laser pointers at a uniformed safety officer, rising to a first-degree felony if the conduct causes bodily injury to the officer. Senate Bill 550 removes the shoulder or belt holster requirements, allowing Texans to carry firearms in whatever kind of holster they choose. This is not an all-inclusive recitation of every change, nor is it intended as legal advice. However, the law also limits the state from seeking the death penalty for capital cases where that is the sole aggravating factor. The bill also removes a condition that a judge may impose on a state jail felony defendant being placed on community supervision requiring the defendant to submit to confinement in a state jail felony facility for a term not to exceed 90 days at the beginning of the community supervision. Learn more on the Theft of Service page, HB 2613 creates an offense called Operation of Stash House. Feel free to share this information and tell us your thoughts on Texas new criminal justice laws. Judges, upon motion of the prosecutor, would be required to make an affirmative finding that the parties had entered into an agreement and enter the finding into the case judgement. Bill pre-filing is underway, and THLA is preparing for the 2023 Texas legislative session As of December 21st, 1,457 bills have been filed, which is already a sharp increase from two years ago. This bill creates the new offense of financial abuse of an elderly individual. Box 12428 Senate Bill 162, also known as the Lie and Try bill, makes it a state jail felony for a person prohibited from possessing a firearm to lie on a firearms background check form. Senate Bill 768 enhances criminal penalties for manufacturing and distributing fentanyl in Texas. We will be updating the Nondisclosure page as the new law comes closer to being in effect. Child Protective Services (CPS), a division of DFPS, is responsible for conducting civil investigations of alleged abuse or neglect by caregivers or household members. "I look forward to my continued work with the legislature to build upon these successes and create an even brighter future for the Lone Star State.". 1. In addition to increasing penalties for solicitation of prostitution, House Bill 1540 also implemented numerous other measures. It is designed to work a lot like an Amber Alert. This legislation, known as the Jessica Sosa Act, provides a defense to prosecution of certain drug offenses if the actor was the first to request emergency medical assistance in response to a possible overdose of another person, remained on the scene until medical assistance arrived, and cooperated with medics and law enforcement. Additionally, the statute authorizes telehealth Sexual Assault Nurse Examinations. Legislative Update | TEEX.ORG Legislative Update LET101 - 4.00 Hours Schedule LS LET101 41 Register This schedule is subject to change without notice. House Bill 135 requires the Department of Family and Protective Services (DFPS) to inform an alleged perpetrator in a child abuse or neglect investigation that the suspect has the right to record the interview, and they also have the right to request an administrative review of the departments findings after the investigation. It is now a third-degree felony to damage, destroy or steal an ATM machine. - Adds section 552.2211. The Instructor resource guide can be found under "Courses for Licensure." It now specifies how DWI Deferred cases will be treated in the nondisclosure arena. Thanks for checking our our 2021 legislative update. The legislature made some changes that will likely affect this. The Street Racing Bill allows law enforcement to seize and forfeit vehicles if the racer is a repeat offender, driving under the influence, has an open alcohol container or causes injury or death. There are exceptions, however, if the profession for which the license was sought involved direct contact with children or if the offense: Under House Bill 2315, vehicles that are used in street racing offenses are now subject to seizure and civil asset forfeiture. HB 2048 eliminates the surcharge program under Texas Transportation Code 708. The biggest new update for criminal defense practitioners will likely be either HB 3582 or HB 1325. Prior to House Bill 2366, using a laser pointer at officers was only a misdemeanor offense. If the law enforcement agency discovers any additional information at any time after the case is filed, they must promptly disclose it to the prosecutor. TCOLE COURSE No. Senate Bill 19 prohibits any governmental entity from contracting with any business that discriminates against firearm and ammunition businesses or organizations. Relating to a study by the Texas Commission on Law Enforcement of the reporting and use of information concerning the termination of a license holder's employment. HB 3582 will allow certain DWI offenders to get deferred adjudication. The legislation would also prevent transgender athletes who attend schools outside of Texas from competing against teams at Texas universities. Senate Bill 8 ("The Heartbeat Bill") bans abortion the moment a baby's heartbeat is detected in the womb. TML Seeking Applicants for New Broadband Advisory Committee. - Addselected public officers to sections 552.117 and552.1175of the Government Code, as well as section 25.025 of the Tax Code. A person commits this offense if he or she impersonates a private investigator with the intent to induce another to submit to the persons pretended authority or to rely on the persons pretended acts of a private investigator, or knowingly purports to exercise any function the requires licensure as a private investigator. Action. This course meets Texas Commission on Law Enforcement (TCOLE) requirements New Supervisor's Course #3737. Please go to www.tcole.texas.gov. The law is also known at the Leilah Hernandez Act named after a 15-year-old Odessa High School student who was the the youngest killed in a mass shooting on August 31. Here are some that might affect you. The new law requires officers to keep their body cameras activated during the entirety of an investigation, unless the camera has been deactivated in compliance with a police departments specific policy. HIGHLIGHTS FROM 86th LEGISLATURE -Redesignates certain subsections. Govt Code 552.117, 552.1175; Tax Code 25.025. - Revises certain subsections of sections 552.117 and 552.1175 of the Government Code and 25.025 of the Tax Code. Licensed Peace Officers without Intermediate . Impersonating or purporting to be a private investigator is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine. These cookies do not store any personal information. PDCS-4000m . This offense is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine. Broadband or high-speed internet connection, Recommended: Wired connection with at least 2.0 Mbps bandwidth (bi-directional, i.e. There is a change to the reportable conviction section, but is simply a conforming change due to the renumbering of the Prostitution penalty section. To view a Bill, enter the Bill number at capitol.texas.gov and select the . The Office of Court Administration is tasked with developing and making available to each county (at no cost) a court reminder program. Note: Live Online Instructor-Led (webinar) courses are not eligible for TCOLE credit. SB 1259 creates a 22.011(e)(12) sexual assault category, for instances where a health care professional uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor. If you are seeking answers to legal questions you will need to find a private attorney. Technology: Includes legislation authorizing, regulating and prohibiting the use of technology for law enforcement purposes, including police-worn body cameras, facial recognition and others. Code 11.008; Tax Code 25.025; Transp. Challenges to National Broadband Map Due January 13. The 2023 session will officially start on January 10, 2023 and ends on May 29, 2023. Learn more about the Fraudulent Use or Possession of Credit Card or Debit Card Information offense. HB 869 adds Penal Code Section 16.02 (Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications) to the list of offenses that may be prosecuted as a violation of Engaging in Organized Criminal Activity. Available Online Free! House Bill 1927 eliminated the requirement for Texans to obtain a license to carry as long as they are not prohibited from possessing a gun by state or federal law. Whether you are a criminal law practitioner or just want to know what the new laws are that apply to all of us Texans, youll want to take a few minutes to go over this update. By continuing to use our site, you are agreeing to the storing of Cookies and consenting to our Privacy Policy, IRECA/TEEX Annual Conference and Challenges, Texas IAAI Fire & Arson Investigators Seminar, Cybersecurity Vulnerability Testing and Assessment, National Unmanned Aircraft Systems Credentialing Program, Traditional/Online Curriculum Development, Conduct During Live Online Instructor-Led Courses. The punishment is increased to a state jail felony, punishable by six months to two years in state jail, if the defendant has been previously convicted twice of the offense. House Bill 3712 provides increased training and transparency during the hiring process for peace officers. 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