Legislative Session Highlights for Harris County Attorneys' Office

82nd Legislative Session: Some Highlights for Chief Deputies Brian A. Quintero Janet Marton Senior Assistant County Attorneys Harris County Attorney s Office August, 2011

Approach What is law NOW (before 9/1/11) New Offenses Part 1 Eight Bills of Justice of the Peace interest (Kids & Schools, Young Adults, Landlord/Tenant, Proof to Vote, Court Administration) Civil Process Other Matters and New Offenses Part 2

The Lawyer Fine Print This summary is not all the laws that changed in the 82ndLegislative Session that affected peace officers. It is not a verbatim recital of the laws but a summary designed to alert you that certain laws have changed. Before acting on any change, always consult the complete text of the law. Presentations are not comprehensive collections of field operations directives. Officers must abide by policies and procedures of their own departments, notwithstanding advice or interpretation that may appear in this presentation to run counter to those policies or procedures. While this summary is for certain County purposes, the speaker(s) do not represent any official policies, practices or procedures of Harris County, the Harris County Attorney or the elected Constables or Justices of the Peace of Harris County. Some portions of the presentation are tailored to stimulate discussion and participation, and any such remarks or exercises to accomplish same should be appropriately weighed in this context. Some materials incident to this presentation are used within guidelines and permissions granted to Brian Quintero from the following entities: TJCTA, JPCA, TDCAA. To order copies of TDCAA publications, go to http://www.tdcaa.com/publications

The stage going into the 82nd, and what happened to law enforcement Budget Situation & Redistricting Partisan Politics Reoccurring themes in the final outcome Smuggling, Trafficking Sex and Domestic Violence Protect the minors from society and themselves Technology and Crime Where s my money to do all this?

Anything big in effect TODAY? *HB 2717: Jury service exemption age of child-in-custody now below-12 (was 15) *HB 359: Disruption of Class (School Discipline Bill) -Child in 6thgrade or lower can t commit disruption of class or transportation SB 1233: Licensed jailers can execute process in the jail ( Court Efficiencies Bill. See also SB604 effective 9/1/11 that does same but requires training). HB 1241: Reserve Deputy Constable Bond HB 1942: Bullying

**NEW OFFENSES** Most of the new 53 were NOT in the Penal Code

HB 2577 PC 16.01 Unlawful use of Criminal Instrument or Mechanical Security Device ( Locksmith Tools ) Possession of MSD w/ intent to use OR Makes, adapts, sells, installs or sets up with knowledge of its character AND with intent to use or aid or permit another to use. (F4)

HB 1215 PC 31.17 Unauthorized Transfer/Acquiring of Financial Info (Photographers, wiretappers and snoops getting information off transactions, checks, etc.) Class B: obtaining the financial or payment info Class A: transferring the info to a third party (CCP) Officer shall make written report including: - Victim and Suspect s Name, type of information transferred, and result of the investigation - Officer shall redact certain info for victim

HB 1043 42.105 Cockfighting Modeled after 2009 bills on dogfighting o Causes fighting, participates in earnings, operates facility used for cockfighting, permits use of property, owns, trains, etc. o Bridles, gaffs and slashers o An offense to even attend as a spectator o Defenses: Spectators 15 or younger, act was bona fide experimentation for scientific research

SB1416 PC 46.05 TIRE DEFLATION DEVICES * Definition in 46.01: caltrops, spike strips ( when driven over impedes or stops movement of wheeled vehicle by puncturing 1 or more tires ) Prohibit weapon status If used in evading, penalties can ramp up based on outcome of event.

SB 331 HSC 481.1031 SYNTHETIC CANNABINOIDS (Fake Weed) Designates certain substances into new Penalty Group 2-A (think: sprayed with a chemical that will mimic THC) Criminalizes manufacture, sale and possession of products including K2 (Spice), Genie, Fire and Ice

LATER ON FROM THE PENAL CODE 20A.01 Human Trafficking 20.05 Smuggling of Persons 25.07 Violation of Protective Order by threat of harm to pet/animal 32.53 Exploitation of child, elderly individual or disabled individual 37.14 False statement regarding child custody made in foreign country 43.261 Electronic transmission of visual materials depicting minor ( sexting )

HB 1942 ED 37.0832 BULLYING Effective: 6-17-2011 Applies beginning with 2012-2013 school year Bullying: Written, verbal, electronic, or physical Occurs on school property, activity, vehicle Physically harms, damages property, fear Intimidating, or abusive atmosphere Exploits imbalance of power Interferes with education

HB 1942 ED 37.0832 BULLYING Effective: 6-17-2011 Applies beginning with 2012-2013 school year PENAL CONDUCT Online Impersonation Stalking Harassment Terroristic threat

HB 1942 ED 37.0832 BULLYING Effective: 6-17-2011 Applies beginning with 2012-2013 school year Board of Trustees must adopt policy Prohibits bullying Prohibits retaliation for reporting Notice to parent Actions to be taken for assistance and intervention Counseling options Reporting procedures Prohibits discipline to victim

HB 1907 CCP 15.27 OFFENSES BY STUDENTS NOTIFY REQUIREMENTS APPLIES TO SPECIFIC OFFENSES Unlawful restraint Indecent exposure Assault Deadly conduct Terroristic threat Organized criminal activity Controlled substances drug paraphernalia, marihuana possession of weapons or devices and prohibited weapons

HB 1907 CCP 15.27 OFFENSES BY STUDENTS NOTIFY REQUIREMENTS ORAL NOTICE REQUIREMENTS MAY BE MADE ELECTRONICALLY IF ELECTRONIC, NO FURTHER WRITTEN NOTIFICATION NECESSARY CONSEQUENCES FOR FAILURE TO PROVIDE NOTICE

HB 1907 CCP 15.27 OFFENSES BY STUDENTS NOTIFY REQUIREMENTS WITHIN 24 HOURS OR NEXT SCHOOL DAY WHICHEVER IS EARLIER HEAD OF LAW ENFCMT AGENCY OR DESIGNEE Determine if person enrolled in school Notify superintendent or designee or principal Details of arrest or referral Acts allegedly committed

HB 0359 Applies 2011-2012 school year Disruption of class Disruption of Transportation Disorderly conduct abusive, indecent, or vulgar language offensive gestures noxious and unreasonable odors unreasonable noise fighting

DISRUPTION OF CLASS/TRANSPORTATION exception to offense that at the time the person engaged in the conduct, the person was a student in the 6th grade or a lower grade level DISORDERLY CONDUCT SPECIFIC ELEMENTS will not apply to a student in the 6th grade or a lower grade if the prohibited conduct occurs at a public school campus during regular school hours

SB 1489 Effective 9-1-2011 ED 25.091 Truancy prevention measures School district required to adopt measures: Address student conduct related to truancy Minimize need for referrals to juvenile court Minimize filing of failure to attend school

SB 1489 Effective 9-1-2011 ED 25.091 Peace officer serving as attendance officer: Must apply truancy prevention measures If measures fail: File complaint against child 12 - 18 Make referral or File complaint against parent

Mandatory action: Absent 10 or more days/6 month period in same school year: Must file failure to attend school within 10 days of the 10th absence and/or File parent contributing to nonattendance Court required to dismiss complaint that is not filed within 10 school days of the 10th absence

SB 1489 Effective 9-1-2011 For each complaint for failure to attend school: School must submit statement: School applied truancy prevention measures Truancy prevention measures failed Whether student is eligible for special education services

Whether student is eligible for special education services Effective 9-1-2011 SB 1489 FAILURE TO ATTEND SCHOOL Individual must be 12 years of age or older and younger than 18 years of age Is required to attend school Fails to attend school on 10 or more days/6 months on 3 or more days/4 weeks File in a justice court of any precinct in the county or municipal court

Whether student is eligible for special education services OTHER OFFENSES COMMITTED BY JUVENILES SB 407 Effective 9-1-2011 SEXTING Court must waive original jurisdiction and refer child to juvenile court A lot in this bill, but jurisdiction-wise: by 17 year olds only Court has jurisdiction of this offense committed

Whether student is eligible for special education services Effective 6-17-2011 Applies to conviction before, on or after 6-17-2011 REPEALS GV 411.081(f-1) Applies to misdemeanors except traffic HB 961 CONFIDENTIALITY All records and files, including those held by law enforcement, from which record could be generated, relating to a child who is convicted and has satisfied judgment are CONFIDENTIAL Open to Judges, staff, criminal justice agency, DPS, attorney or party, child, parent

SB 1200 VENUE CCP 4.12 COURT ADMIN: VENUE Effective: 9-1-2011 HARRIS COUNTY JUSTICE COURTS ADJACENT TO THE PRECINCT IN WHICH THE OFFENSE WAS COMMITTED MISDEMEANOR CASES MAY BE TRIED IN ANY PRECINCT

SB 1330 DEFERRED DISPOSITION Effective: 9-1-2011 Statutes Affected: CP 45.051 Applies to offense committed on or after 1-1-2012 DEFENDANT IS YOUNGER THAN 25 YEARS OF AGE OFFENSE IS MOVING VIOLATION COURT MAY REQUIRE ADDITIONAL DRIVING SAFETY COURSE 4-hour interactive course alcohol and drug awareness poor decision making, risk taking, impaired driving, distraction, speed, driving at night, using cell phones Requires written commitment

Whether student is eligible for special education services HB 1111 TENANT S FAILURE TO PAY RENT 1-1-2012 PROPERTY CODE Effective: Statutes Affected: PP 24.0053 Applies to eviction filed on or after 1-1-2012 JUSTICE COURT HAS JURISDICTION TO ISSUE WRIT OF POSSESSION IF TENANT HAS NOT TIMELY PAID RENT INTO REGISTRY OF COURT WITHIN 5 DAYS OF FILING A PAUPER S AFFIDAVIT

Whether student is eligible for special education services 1-1-2012 Statutes Affected: PP 24.0053 Applies to eviction filed on or after 1-1-2012 HB 1111 TENANT S FAILURE TO PAY RENT Effective: Writ may not issue before 6th day after filing pauper s affidavit Writ served in same manner as post-judgment writ of possession Landlord pays costs of issuance and service Appeal continues despite issuance of writ

Whether student is eligible for special education services 1-1-2012 Statutes Affected: PP 24.007 Applies to judgment rendered on or after 1-1-2012 HB 0079 APPEAL Effective: ALLOWS APPEAL FROM FINAL JUDGMENT OF COUNTY CIVIL COURT IN EVICTIONS TO STAY APPEAL, SUPERSEDEAS BOND REQUIRED WITHIN 10 DAYS OF JUDGMENT

Whether student is eligible for special education services 1-1-2012 Statutes Affected: GV Chapter 28 HB 0079 SMALL CLAIMS COURT Effective: SMALL CLAIMS COURT ABOLISHED ON 5-1-2013 All small claims cases transferred to Justice Court Supreme Court to define Small claims case Supreme Court to promulgate rules governing the small claims case

Civil Process (STAY TUNED FOR 1/1/12 RULES ON HB 962 re: CPRC 17.030) Return of Service Effective 1/1/2012 for persons who serves process Supreme Court is to adopt rules. MUSTS include: - electronic filing of returns - return not required to be attached to original process MAYS include: a lot of helpful, basic information Falsifying a return is tampering with gov t record

HB 1381 CPRC 17.029 SERVICE ON TDCJ INMATES Service MAY be done on a designated person for civil actions against the inmate. Wardens SHALL designate an employee to serve as agent for civil process. Designated employee shall promptly deliver.

HB 2047 BuzOrg 5.201 Entity serving as Registered Agent Requires organization (not individual) serving as a registered agent to have an employee available during normal business hours to receive process. ANY employee of said registered agent organization can receive the process.

OTHER MATTERS and NEW CRIMES PART 2

HB 2624 Family 85.042 Family Violence Officers who investigate domestic violence case SHALL indicate in report if the respondent is an active duty member of the armed forces, AND provide written notice to the staff Judge Advocate or the Provost Marshall

HB 2466 0ffenses Licensing/Operation of Vehicles by Minors Persons under 18 cannot use wireless communication device while driving unless emergency. (Trans 521.204 (a)) Youth-parent application also provides consent for school administrator or law enforcement to notify DPS if driver under 18 who has been absent for 20 consecutive days.

SB 694 Offenses Metals Recycling (and Theft) A LOT in this bill Some Penal Code portions: Adds brass to Penal Code list. Removes specific parts descriptions (elbows, tubes, etc.), and that the items be consisted of at least 50% of the metal(s). Some Occupations Code portions: Adds permitting, holding and purchasing requirements, and adds a list of metal items to the regulated list (e.g., catalytic converters, seating, etc.).

SB 198 CCP 42.017 EXCEPTION TO SEX OFFENDER LIST Exempts individuals from the Sex Offender Registration Program who had sexual relations with a minor and were within 3 years of the minor s age A judicial finding is required on the ages.

HB 260 PC 20.05 Smuggling of Persons (fka Unlawful Transport ) Transport with intent to conceal from an officer; OR Flee from one of those officers attempting to arrest or detain the actor

HB 378 Traffic SLOW DOWN FOR TOW TRUCKS Tow trucks added to the list of vehicles that drivers must vacate lane for or slow to 20 mph less than posted speed or 5 mph when posted speed is less than 25 mph. Tow truck lights must be flashing, etc. (545.157 TC)

HB 993 Trans 546.007 FIREFIGHTERS CAN CLOSE OFF ROADS Firefighters authorized to close roads to protect safety of persons or property. (Sets out number of lanes to close & why) One or more emergency vehicles with audible and visual signals must be deployed.

SB 316 Asset Forfeiture Key target: certain practices at traffic stops Sets agency-split ratios unless MOU in place Prohibits using forfeited assets for: o Political campaigns o Making donations (a few exceptions) o Expenses for judicial training o Travel expenses if violates CC rules o Alcohol o Increases in salary or allowance for law enforcement employee unless approved by CC

SB 24 PC 20A.01 & more Human Trafficking o SB24 was the big bill o Forced labor & services thru force, fraud or coercion o Ramped up penalties, extended civil and criminal Statute of Limitations, provided more tools o Subject matter related bills o HB 3000 (continuous trafficking of persons) o HB 2014 (manner & means) (ramped up prostitution penalties)

SB 279 PC 25.07 Manipulation by threat to the pet in Protective Order matters Intent: Prevent manipulation of the victim through threats of harm to the pet Note: a pet that is possessed by a party protected by a protective order. In many of these cases, the pet may not be in the possession of the leaver who had to leave the relationship and premises.

Links to Janets Presentations & more http://www.jp.hctx.net/info/82LegUpdate.htm JANET MARTON SENIOR ASSISTANT COUNTY ATTORNEY 1201 FRANKLIN, 7TH FLOOR HOUSTON, TX 77002 713-755-7325 JANET_MARTON@CCL.HCTX.NET BRIAN A. QUINTERO SENIOR ASSISTANT COUNTY ATTORNEY 1019 CONGRESS, 15th FLOOR HOUSTON, TX 77002 713-755-7163 brian.quintero@cao.hctx.net