Texas Commission on Law Enforcement

Officer Standards and Education

State and Federal Law Update

September, 2009

Course 3181
Acknowledgement

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State and Federal Law Update, September, 2009
 The State and Federal Law Update curriculum for this course was provided by Lt.
Lindsey Jones of the Denton County Sheriff’s Office. The materials referenced in
this curriculum represent selected bills passed by the 81st Texas State
Legislature that impact law enforcement. The court cases presented in this
curriculum are recent Supreme Court decisions that impact law enforcement.

References

Material presented in this curriculum was provided by Texas District & County
Attorneys Association, Justices of the Peace and Constables Association of
Texas, www.capitol.state.tx.us, www.findlaw.com; www.oyez.org;
http://ussc.blogspot.com; and www.law.cornell.edu.

Abstract

There are numerous bills passed by the 81st Legislature that have an impact on
law enforcement. There were administrative changes, changes in existing
statues, and new laws introduced to various legal statues. In pursuit of equality
in justice and ensuring public safety, peace officers will better serve their
communities by increasing their awareness of changes and additions in state
statutes.

Case law, especially those cases reviewed by the Supreme Court, are important
to review to ensure law enforcement officers continue their dedicated service to
the citizens of this state, working within the constructs of our constitutional
protections, in the apprehension and prevention of crime. This curriculum will
briefly cover recent Supreme Course decisions that are important for law
enforcement officers and law enforcement administration and policy makers.

Course Title: State and Federal Law Update, September 2009

Unit Goal:

The goal of this curriculum is to provide law enforcement officers with an update of
recently statute changes and addition provided by the 81st Legislature. Recent
Supreme Court decisions that impact important issues such as search and seizure,
detention, etc., were also included in this curriculum as these cases may impact the
function, policy, and procedures of law enforcement officers and law enforcement
administration.

Instructors

Target Population:

• Law Enforcement Administrators

• Peace Officers
• Judges
• Prosecuting Attorneys

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State and Federal Law Update, September, 2009
Minimum Classroom Hours for Approved TCLEOSE continuing education hours:

• Two (2) hours minimum.

Prerequisites for class participation:

• None

Evaluation Process and Procedures:

Evaluation will be accomplished through classroom interaction with instructor and

students, oral and written participation through case study, or discussion and written
tests as instructor and/or department deems appropriate.

Student Training Materials:

• A copy of the slide presentation for note taking (optional)

Instructor Materials:

• State and Federal Law Update Lesson Plan

• State and Federal Law Update Power Point Presentation
• Resource Guide
• Instructor Contact Information

Equipment and Supplies:

• Computer - desktop or laptop

• Presentation Materials, Lesson Plan, CD/Flash Drive
• LCD Projector with remote for video/power point presentation
• Screen
• Audio equipment (e.g. microphone and speaker system) for instructor and for
audio/video presentation.

Classroom Set-up:

• Chairs, desks, and tables set for easy viewing of visuals and note taking
• Adequate facilities to accommodate classroom, restroom and break areas
• Adequate audio equipment to accommodate related video or audio training
material during presentation

Preparation:

Review the Power Point prior to class. Note that some of the points on a single law
change or additions to one specific law are made with multiple slides. Print one set of
the slides in outline style to be attached to this lesson plan--if you have additional
information to add to your presentation on any of the laws or how your agency will adapt

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State and Federal Law Update, September, 2009
or make changes, put those notes on the outline form. Also attach a copy of the test,
the answer sheet and the handouts to your lesson plan.

Print handouts and tests from the master provided for the anticipated number of
attendees prior to class time. Just prior to class, have prepared Power Point on and
ready to go; handouts passed out, roster or registration forms signed and collected.

PRESENTATION:

Introduce yourself as the facilitator and tell them that it is each attendee’s responsibility
to take notes on any of the slides, recording the statute and bill number and to follow up
for their own clarification if any changes or additions to the laws are related to their
assigned duties. Also advise them that the sources for additional information on the
Supreme Court cases are also on their handout. Tell them that they will have a written
objective test at the end of the presentation which requires a 70% to pass.

Show the Power Point while allowing attendees to comment and make
a comparison on changes as it impacts them. Re-emphasize that they have the
sources listed to answer any detailed questions that they have. Also remind them that
any new laws or significant changes to existing statutes sometimes require an Attorney
General’s opinion to know how the laws were intended to be enforced.

Texas Commission on Law Enforcement

Officer Standards and Education
6330 E Highway 290, STE 200
Austin, Texas 78723-1035
(512) 936-7700

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State and Federal Law Update, September, 2009
 I. STATE AND FEDERAL LAW UPDATE
September, 2009

THIS COURSE CONTAINS:

a. SELECTED BILLS FROM THE 81ST LEGISLATURE THAT HAVE
SIGNIFICANCE TO THE APPLICATIONS OF STATE LAWS
b. SELECTED RECENT UNITED STATES SUPREME COURT DECISIONS TO
AID OFFICERS IN THE FIELD

I. COURSE LEARNING OBJECTIVES

ON COMPLETION OF THE COURSE:

a. 1.1 - OFFICERS WILL BE ABLE TO STATE CHANGES/ADDITIONS IN

PENAL CODE, p. 6.
b. 2.1 - OFFICERS WILL BE ABLE TO STATE CHANGES IN CODE OF
CRIMINAL PROCEDURE, p. 14.
c. 3.1 - OFFICERS WILL BE ABLE TO STATE CHANGES/ADDITIONS AND
IMPORTANT DELETION IN TRANSPORTATION CODE, p. 18.
d. 4.1 - OFFICERS WILL KNOW NEW LEGISLATIVE MANDATES FOR
TRAINING ENACTED IN OCCUPATIONS CODE, p. 22.
e. 5.1 - OFFICERS WILL BE ABLE TO STATE THE IMPACT IN THE FIELD
FROM LISTED RECENT SUPREME COURT CASES, p. 22.

I. EVALUATION OF COURSE OBJECTIVES

OFFICERS WILL PASS A WRITTEN OBJECTIVE TEST TO A STANDARD OF

70%

II. STATE AND FEDERAL LAW UPDATE

a. TO FOLLOW ARE THE HIGHLIGHTS OF BILLS THAT WERE PASSED IN

THE 81ST LEGISLATIVE SESSION THAT AFFECT LAW ENFORCEMENT.
b. TO VIEW THE BILL, GO TO WWW.CAPITOL.STATE.TX.US ENTER THE
BILL NUMBER, THEN SELECT THE “ENROLLED” VERSION, OR GO TO:
WWW.LEGIS.STATE.TX.US
c. FOR REFERENCE AND FINDING ADDITIONAL INFORMATION:
1. EACH SLIDE CONTAINS THE BILL NUMBER THAT CREATED OR
AMENDED THE STATUTE; and
2. THE STATUTE THE BILL CHANGED.

I. PENAL CODE IMPACT

a. MORE “CONTINUOUS-COURSE-OF- CONDUCT” OFFENSES

b. ADDITIONAL ELDERLY PROTECTIONS
c. MORE “TECHNICAL” OFFENSES: INCLUDING “SPOOFING”
PENAL CODE IMPACT
d. ADDITIONS TO CRIMES THAT CAN BE PROSECUTED AS ORGANIZED
CRIME
e. NEW OFFENSE AND ENHANCEMENTS FOR FAMILY VIOLENCE

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State and Federal Law Update, September, 2009
 f. CLEAN UP OF GANG LAWS WITH ADDITION FOR “GANG KINGPIN”
ACTIVITIES; CREATION OF GANG DATABASE
g. MORE ON HUMAN TRAFFICKING

I. 1.1 - PENAL CODE

a. P.C. 12.31 SB 839 PUNISHMENTS-CAPITAL FELONY

1. RESTORES ELIGIBILITY TO JUVENILE CAPITAL MURDER
DEFENDANTS WHOSE CASES ARE TRANSFERRED TO ADULT
COURT.
2. ON THE LIFE SENTENCE CONVICTION, DEFENDANT IS ELIGIBLE
FOR PAROLE AFTER 40 YEARS. APPLIES TO CAPITAL MURDER
COMMITTED AFTER 9/1/2009.

a. P.C. 12.50 SB 359 PENALTY IF OFFENSE COMMITTED IN DISASTER

AREA OR EVACUATED AREA
NEW SECTION:
1. THE PENALTY FOR ASSAULT, ROBBERY, BURGLARY OR THEFT
IS INCREASED TO THE NEXT HIGHER CATEGORY IF
COMMITTED IN AN AREA SUBJECT TO:
A. A DECLARATION OF DISASTER
B. AN EMERGENCY EVACUATION ORDER
a. P.C. 12.50 SB 359 DISASTER AREA Cont'd
1. STANDARD ENHANCEMENTS: CLASS A INCREASES TO
MINIMUM SENTENCE OF 180 DAYS
2. FIRST DEGREE FELONY NOT APPLICABLE

a. P.C. 8.07 HB 558 AGE AFFECTING CRIMINAL RESPONSIBILITY

1. THIS BILL REMOVED “OTHER THAN PUBLIC INTOXICATION”
FROM (a)(4) MAKING IT POSSIBLE TO PROSECUTE A PERSON
YOUNGER THAN 15 IN A JUSTICE OF MUNICIPAL COURT FOR
P.I.

a. HB 558 CHILDREN AND PUBLIC INTOXICATION

1. ALSO AUTHORIZES LAW ENFORCEMENT TO ISSUE FIELD
RELEASE CITATION TO MINOR FOR PUBLIC INTOXICATION IF
RELEASED TO PARENT, GUARDIAN, CUSTODIAN OR OTHER
RESPONSIBLE ADULT.
2. CCP 14.031, CCP 45.058

a. P.C. 20A.02 HB 4009 HUMAN TRAFFICKING

THREE CHANGES:
1. “INTENTIONALLY” REMOVED FROM ELEMENTS RELATING TO A
PERSON WHO ILLEGALLY BENEFITS FROM TRAFFICKING
2. ENHANCES PUNISHMENTS FOR VICTIMS YOUNGER THAN 18 IN
43.05, 43.25, 43.02
3. P.C. 20A.02 HB 4009
HUMAN TRAFFICKING

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State and Federal Law Update, September, 2009
 4. APPLIES REGARDLESS OF WHETHER THE OFFENDER KNEW
THE AGE

b. P.C. 22.01 HB 2066 ASSAULT

TWO NEW ENHANCEMENTS FOR FAMILY VIOLENCE:
1. 1 SUFFOCATION (BREATHING)
2. 2 STRANGULATION (BLOOD CIRCULATION)
3. THIRD DEGREE NOW, NOT CLASS A SECOND DEGREE FOR
SUBSEQUENT FAMILY VIOLENCE ASSAULT
4. CONSIDER USING AGGRAVATED ASSAULT AS A SECOND OR
FIRST DEGREE BASED ON LEVEL OF INJURY AND IF A
WEAPON IS USED
5. THE ADDITION IN ASSAULT ALLOWS FOR PROSECUTION OF
“ANY AND ALL APPLICABLE OFFENSES”

c. P.C. 22.015 HB 2187 COERCING, SOLICITING OR INDUCING GANG

MEMBERSHIP
1. REPEALED AND MOVED TO P.C. 71.022: COERCING, INDUCING,
OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG
2. 71.022 ADDS THREATS OR INJURIES TO FAMILY MEMBERS

d. P.C. 22.02 HB 176 AGGRAVATED ASSAULT

1. SUBSECTION (b)(3) ADDED TO CREATE AN ENHANCEMENT
SIMILAR TO THE ELEMENTS OF P.C. 22.05 DEADLY CONDUCT
2. AGGRAVATED ASSAULT IS FIRST DEGREE FELONY IF
SUSPECT IN A VEHICLE CAUSES SERIOUS BODILY INJURY BY
DRIVE-BY SHOOTING
3.
e. P.C. 22.04 SB 643 INJURY TO A CHILD, ELDERLY INDIVIDUAL OR
DISABLED
1. ENHANCES PUNISHMENT FOR EMPLOYEE OF STATE-
SUPPORTED LIVING CENTER (FORMERLY KNOWN AS STATE SCHOOL)
OR IN AN INTERMEDIATE CARE FACILITY FOR MENTALLY
RETARDED WHEN EMPLOYEE INTENTIONALLY OR KNOWINGLY
CAUSES BODILY INJURY TO PERSON IN HIS CARE
2. GOES FROM THIRD TO SECOND DEGREE

f. P.C. 25.02 HB 2385 PROHIBITED SEXUAL CONDUCT

1. PUNISHMENTS CLEANED UP: ALL ACTS ARE THIRD DEGREE
FELONY EXCEPT SECOND DEGREE WHEN COMMITTED
BETWEEN A PERSON AND PERSON’S ANCESTOR (PARENT OR
GRANDPARENT) OR DESCENDANT (CHILD, GRANDCHILD)

g. P.C. 25.11 HB 2240 CONTINUOUS VIOLENCE AGAINST THE FAMILY

1. NEW CONTINUOUS-COURSE-OF CONDUCT-OFFENSE
2. A THIRD DEGREE FELONY IF SUSPECT COMMITS TWO OR
MORE FAMILY VIOLENCE ASSAULTS WITHIN A 12-MONTH
PERIOD.

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State and Federal Law Update, September, 2009
 3. PRIOR CONVICTION(S) NOT REQUIRED (PRIOR INCIDENTS IS
THE INTENT OF THIS STATUTE)

h. P.C. 28.02 HB 3224 ARSON

1. “RECKLESS ARSON” OFFENSE
2. STATE JAIL FELONY TO INTENTIONALLY START A FIRE OR
CAUSE AN EXPLOSION AND AS A RESULT
3. RECKLESSLY DAMAGE/DESTROY ANOTHER’S BUILDING, OR
4. CAUSE BODILY INJURY/DEATH TO ANOTHER STATE JAIL
FELONY

i. P.C. 28.03 HB 1614 CRIMINAL MISCHIEF

1. IMPAIRMENT OR INTERRUPTION OF CERTAIN PUBLIC
SERVICES (COMMUNICATIONS, TRANSPORTATION, UTILITIES, ETC.)
WITH A LOSS OF LESS THAN $1500, WENT FROM A CLASS A TO
STATE JAIL FELONY

j. P.C. 28.08 HB 1633 GRAFFITI

1. REMOVED “AEROSOL” QUALIFIER FROM TYPE OF PAINT
NECESSARY TO COMMIT THE OFFENSE
2. NOW STATE JAIL FELONY FOR SCHOOL, PLACE OF WORSHIP,
CEMETERY, PUBLIC MONUMENT, OR COMMUNITY CENTER
3. ADDITIONAL NOTE: CCP 42.037, CCP 42.14, FC 54.046
REQUIRES THAT RESTITUTION BE MADE
4.
k. P.C. 30.05 HB 2609 CRIMINAL TRESPASS
1. “PROPERTY OF ANOTHER” INCLUDES RESIDENTIAL LAND,
RECREATIONAL VEHICLE PARKS AND BUILDINGS
2. NEW CLASS C FOR TRESPASS ON RESIDENTIAL LAND WITHIN
100 FEET OF “PROTECTED FRESHWATER AREA” (RIVER,
STREAM)
l. P.C. 31.03 HB 1282 THEFT
1. ADDS SUBSECTION (e)(2)(C) TO MAKE THEFT OF DRIVER’S
LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE A
CLASS B
2. CAN BE PROSECUTED AS A FELONY UNDER 32.51,
FRAUDULENT USE OF POSSESSION OF INDENTIFYING
INFORMATION, IF INTENT TO HARM OR DEFRAUD IS PRESENT

m. P.C. 31.03 HB 1466 THEFT

1. THEFT FROM A GRAVE NOW INCLUDES A MILITARY MARKER
2. STATE JAIL FELONY

n. P.C. 31.03 HB 348 THEFT

1. (e)(4)(F): NOW INCLUDES THEFT OF TUBING, RODS AND WATER
STEMS; IF
2. VALUED AT LESS THAN $20,000; AND
3. CONTAINING AT LEAST 50% ALUMINUM, BRONZE, OR COPPER
4. STATE JAIL FELONY

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State and Federal Law Update, September, 2009
 o. P.C. 31.03 SB 1163 THEFT
1. THEFT OF LESS THAN 10 (WAS 100) HEAD OF SHEEP, SWINE
OR GOATS A STATE JAIL FELONY IF VALUE LESS THAN $20,000
2. THEFT OF 10 (INSTEAD OF 100) OR MORE HEAD OF SHEEP,
SWINE OR GOATS A THIRD DEGREE FELONY IF VALUE LESS
THAN $100,000
3. THEFT OF ANY NUMBER (INSTEAD OF 10 OR MORE) OF
CATTLE, HORSES, EXOTIC LIVESTOCK OR EXOTIC FOWL IS A
THIRD DEGREE FELONY IF VALUE IS LESS THAN $100,000

p. P.C. 31.03 HB 671 THEFT

1. PROVIDES PUNISHMENT TO THE NEXT HIGHER LEVEL IF;
2. VICTIM WAS A NON-PROFIT ORGANIZATION
3. OFFENDER WAS A MEDICARE PROVIDER

q. P.C. 32.21 HB 2328 FORGERY

1. PUNISHMENT GOES TO NEXT HIGHER IF THE OFFENSE WAS
COMMITTED AGAINST AN ELDERLY PERSON

r. P.C. 32.31 HB 2328 CREDIT CARD OR DEBIT CARD ABUSE

1. AMENDS SUBSECTION (D) TO INCREASE PUNISHMENT TO A
THIRD DEGREE FELONY IF THE OFFENSE IS COMMITTED
AGAINST AN ELDERLY INDIVIDUAL

s. P.C. 32.51 HB 2328 FRAUDULENT USE OF POSSESSION OF

IDENTIFYING INFORMATION
1. INCREASES PUNISHMENT TO THE NEXT HIGHER LEVEL IF THE
OFFENSE WAS COMMITTED AGAINST AN ELDERLY INDIVIDUAL
2. DOES NOT APPLY TO CONDUCT ALREADY A FIRST DEGREE

t. P.C. 33.07 HB 2003 ONLINE HARASSMENT

1. NEW OFFENSE TO ADDRESS MALICIOUS BEHAVIOR
2. CONTAINS TWO SEPARATE CRIMES;
A. “INTERNET IMPERSONATION”
B. “SPOOFING”

u. INTERNET IMPERSONATION
1. USING THE NAME OR PERSON OF ANOTHER TO CREATE A WEB
PAGE OR MESSAGE ON A COMMERCIAL SOCIAL NETWORKING
SITE, WITHOUT CONSENT OF THE PERSON AND WITH INTENT
TO HARM, DEFRAUD, INTIMIDATE OR THREATEN ANY PERSON
2. INCLUDES FACEBOOK, MYSPACE, TWITTER, ETC.: THIRD
DEGREE FELONY
3.
v. “SPOOFING”
1. OFFENSE IS SENDING AN ELECTRONIC MESSAGE (EMAIL,
TEXT, IM, ETC.) DIRECTLY TO A RECIPIENT WHILE USING THE
IDENTIFYING INFORMATION OF ANOTHER

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State and Federal Law Update, September, 2009
 2. WITHOUT THE OTHER’S CONSENT
3. WITH INTENT THAT THE RECEIVER BELIEVES THE SENDER
REALLY SENT THE MESSAGE - CLASS A, BECOMES A THIRD
DEGREE FELONY IF AN EMERGENCY RESPONSE IS A RESULT
4. HARASSMENT, 42.07 IS STILL THE OFFENSE TO USE FOR
DIRECT COMMUNICATION BY EMAIL THAT IS OBSCENE,
THREATENING OR AN ALARMING FALSE RPORT

w. P.C. 37.10 HB 1813 TAMPERING WITH GOVERNMENTAL RECORD

1. ENHANCED TO THIRD DEGREE FELONY IF THE RECORD IS A
FORENSIC ANALYSIS (EX. BREATH TEST RESULTS)

x. P.C. 38.04 HB 221 EVADING ARREST OR DETENTION

1. INCREASES PUNISHMENT TO CLASS A FROM CLASS B
2. PREVIOUS CONVICTION MAKES SUBSEQUENT CONVICTION A
STATE JAIL FELONY
3.
y. P.C. 38.11 HB 3228 PROHIBITED SUBSTANCES AND ITEMS IN
CORRECTIONAL FACILITY
1. STATUTE CLEANED UP AND TITLE CHANGED
2. CORRECTIONAL FACILITY NOW INCLUDES: MUNICIPAL OR
COUNTY JAIL AND CONFINEMENT FACILITY CONTRACTED
WITH TDC, SECURE JUVENILE CORRECTION OR DETENTION
FACILITY.
IT IS A THIRD DEGREE FELONY:
3. TO POSSESS A PROHIBITED SUBSTANCE OR ITEM WITH
INTENT TO PROVIDE TO INMATE
4. TAKE OR ATTEMPT TO TAKE A CONTROLLED SUBSTANCE OR
DANGEROUS DRUG ON THE PROPERTY
5. P.C. 38.11 HB 3228
PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL
FACILITY
6. IT IS A THIRD DEGREE FELONY:
7. TO POSSESS A CELL PHONE BY A PERSON IN CUSTODY AT A
JAIL; AND
8. TAKING VARIOUS ACTIONS WITH INTENT TO PROVIDE OR
MAKE A CELL PHONE, WIRELESS COMMUNICATIONS DEVICE
OR COMPONENT AVAILABLE FOR USE BY A PERSON IN
CUSTODY

z. P.C. 38.152 SB 1273 INTERFENCE WITH RADIO FREQUENCY

LICENSED TO GOVERNMENT ENTITY
1. NEW OFFENSE TO PREVENT INTERFERENCE WITH
EMERGENCY RESPONSE AND LAW ENFORCEMENT
OPERATIONS
2. CLASS A, UNLESS USED IN COMMISSION OF ANOTHER CRIME,
THEN STATE JAIL FELONY

aa. P.C. 42.10 SB 554 DOG FIGHTING

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State and Federal Law Update, September, 2009
 1. CREATES AN ADDITIONAL WAY TO COMMIT THE OFFENSE
2. ADDS “OWNS OR POSSESSES DOG FIGHTING EQUIPMENT
WITH INTENT THAT IT BE USED IN FURTHERANCE OF DOG
FIGHTING” IS A CLASS A

bb. P.C. 42.10 DOG FIGHTING

1. SB 554 ALSO ADDS DOG FIGHTING TO THE OFFENSES LISTED
IN:
2. P.C. 71.02, ENGAGING IN ORGANIZED CRIMINAL ACTIVITY,
3. CCP CHAPTER 59, FORFEITURE OF CONTRABAND

cc. P.C. 43.05 HB 4009 COMPELLING PROSTITUTION

1. AMENDS SUBSECTION (a)(2) TO RAISE THE MAXIMUM AGE
FROM 17 TO 18
2. THIS SUBSECTION NOW APPLIES REGARDLESS OF WHETHER
THE OFFENDER KNEW THE AGE OF THE PERSON COMPELLED
INTO PROSITUTION

dd. P.C. 46.01 HB 4456 DEFINITIONS (WEAPONS)

1. SUBSECTION 11, SWITCHBLADE KNIFE DOES NOT INCLUDE A
ONE-HANDED” OPENER OR “ASSISTED OPENER” KNIFE
DESIGNED TO BE OPENED BY EXERTING FORCE ON THE
BLADE TO OVERCOME A MECHANISM HOLDING THE BLADE
CLOSED (SMALL POST OR INDENTATION)

ee. P.C. 46.07 SB 1188 INTERSTATE PURCHASE

1. UPDATES LAW TO COMPLY WITH FEDERAL LAW CHANGES
2. TEXAS RESIDENTS, UNLESS OTHERWISE PRECLUDED BY LAW,
MAY PURCHASE FIREARMS, AMMUNITION, ETC. IN ANY OTHER
STATE NOT JUST CONTIGUOUS STATES

a. P.C. 46.14 SB 2225 FIREARM SMUGGLING

1. NEW OFFENSE
2. ENGAGING IN BUSINESS OF TRANSPORTING OR
TRANSFERRING FIREARMS ACQUIRED IN VIOLATION OF STATE
OR FEDERAL LAW
3. THIRD DEGREE FELONY UNLESS THREE OR MORE FIREARMS
IN A SINGLE CRIMINAL EPISODE, THEN SECOND DEGREE

b. P.C. 46.14 SB 2225 FIREARM SMUGGLING

1. THIS NEW OFFENSE WAS ADDED TO:
2. P.C. 71.02 ENGAGING IN ORGANIZED CRIMINAL ACTIVITY, AND
3. CCP CHAPTER 59 FORFEITURE CONTRABAND

c. P.C. 46.15 HB1237 NONAPPLICABILITY

1. ADDITIONS REFER TO DEFENSES UNDER: P.C. 46.02
UNLAWFUL CARRYING WEAPON AND 46.03, PLACES WEAPONS
PROHIBITED:

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State and Federal Law Update, September, 2009
 2. DEFENSE TO JUVENILE PROBATION OFFICER AUTHORIZED TO
CARRY A FIREARM UNDER HUMAN RESOURCES CODE 142.006
(eff. 6/19/09)

1. P.C. 46.15 HB 2730 NONAPPLICABILITY

1. RESTRICTS A PERSONAL PROTECTION OFFICER’S
(BODYGUARD) DEFENSE TO P.C. 46.02 TO INSTANCES WHEN
OFFICER IS EITHER IN UNIFORM WITH WEAPON IN PLAIN VIEW
OR OUT OF UNIFORM AND THE WEAPON IS CONCEALED

pp. P.C. 46.15 HB405 NONAPPLICABILITY

1. DEFENSE TO ANIMAL CONTROL OFFICER CERTIFIED UNDER
HEALTH AND SAFETY CODE 829.006 FOR P.C. 46.02 AND 46.03
FOR CARRYING A CLUB TO DETER AN ANIMAL BITE WHILE
PERFORMING OFFICIAL DUTIES OR TRAVELING TO/FROM A
PLACE OF DUTY (eff. 6/19/09)
pp. P.C. 71.02 HB 2086 ENGAGING IN ORGANIZED CRIMINAL
ACTIVITY
1. THE FOLLOWING WERE ADDED TO THE LIST OF CRIMES THAT
QUALIFY FOR PROSECUTION AS ORGANIZED CRIMINAL
ACTIVITY:
A. P.C. 38.06 ESCAPE…………….HB 2086
B. P.C. 38.07 PERMITTING OR FACILITATING
ESCAPE……….HB 2086
C. P.C. 38.09 IMPLEMENT FOR ESCAPE…HB 2086
D. P.C. 38.11 PROHIBITED SUBSTANCES AND ITEMS IN A
CORRECTIONAL FACILITY....HB 2086
E. P.C. 42.10 DOG FIGHTING……………...…SB 554
F. P.C. 46.06 UNLAWFUL TRANSFER OF CERTAIN
WEAPONS………………….…...SB 2225
G. P.C. 46.14 FIREARM SMUGGLING……….SB 2225

pp. P.C. 71.022 HB 2187 COERCING, INDUCING OR SOLICITING

MEMBERSHIP IN A CRIMINAL STREET GANG
1. REPEALS P.C. 22.015 (COERCING, SOLICITING , OR INDUCING
GANG MEMBERSHIP); MOVES ELEMENTS TO P.C. 71.022
2. ADDS “THREATS OR INJURIES TO A MEMBER OF THE CHILD’S
FAMILY”
3. ALL CONDUCT IS THIRD DEGREE

pp. P.C. 71.023 HB 2086 DIRECTING ACTIVITIES OF CERTAIN

CRIMINAL STREET GANGS
1. NEW OFFENSE
2. CREATED TO PROVIDE A FIRST DEGREE FELONY FOR CERTAIN
“GANG KINGPIN” ACTIVITIES
3. MORE EXTENSIVE DEFINITION OF “CRIMINAL STREET GANG”
WITHIN THE STATUTE

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State and Federal Law Update, September, 2009
 pp. P.C. 71.023 HB 2086 DIRECTING ACTIVITIES OF CERTAIN CRIMINAL
STREET GANGS
1. A PERSON COMMITS AN OFFENSE IF HE KNOWINGLY
INITIATES, ORGANIZES, PLANS, FINANCES, DIRECTS,
MANAGES OR SUPERVISES A CRIMINAL STREET GANG OR ITS
MEMBERS WITH THE INTENT TO BENEFIT, PROMOTE, OR
FURTHER THE INTERESTS OF THE GANG OR TO INCREASE THE
PERSON’S STANDING, POSITION, OR STATUS IN THE GANG.

pp. P.C. 71.028 HB 2086 GANG-FREE ZONES

1. SOME OFFENSES COMMITTED UNDER P.C. 71.02 ARE THE NEXT
HIGHER CATEGORY OF PUNISHMENT IF COMMITTED IN A
GANG-FREE ZONE
2. DOES NOT APPLY TO A PERSON UNDER 17

3. ALL PUBLIC AND PRIVATE PRIMARY AND SECONDARY

SCHOOLS, INSTITUTIONS OF HIGHER LEARNING AND
DAYCARE CENTERS MUST PUBLICIZE INFO TO
STUDENTS/PARENTS/GUARDIANS
4. THE ZONES INCLUDE:
A. WITHIN 1000 FEET OF ANY SCHOOL, YOUTH CENTER OR
PLAYGROUND
B. WITHIN 300 FEET OF SHOPPING MALL, MOVIE THEATER,
PUBLIC SWIMMING POOL, OR VIDEO ARCADE, OR
C. ANY SCHOOL BUS

pp. P.C. 71.029 HB 2086 MAPS AS EVIDENCE OF LOCATION OR AREA

1. TO ASSIST PROSECUTION FOR GANG-FREE ZONES IN PROVING
THE LOCATION OR BOUNDARY

I. 2.1 - CODE OF CRIMINAL PROCEDURE

a. ART. 2.12 HB 3201 WHO ARE PEACE OFFICERS

1. ADDS COUNTY FIRE MARSHALS AND RELATED OFFICERS AND
INVESTIGATORS TO THE LIST

b. ART. 2.122 SB 390 SPECIAL INVESTIGATORS

1. UPDATES TERMINOLOGY REFERRING TO CUSTOMS AND
IMMIGRATION OFFICERS

c. ART. 2.122 HB 3389 LAW ENFORCEMENT POLICY ON RACIAL

PROFILING
1. CHANGES
A. LIMITS THE LAWS SCOPE TO LAW ENFORCEMENT
AGENCIES THAT ROUTINELY PERFORM MOTOR VEHICLE
STOPS (WAS “TRAFFIC STOPS”)

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State and Federal Law Update, September, 2009
 B. ADDITION OF “MIDDLE EASTERN” TO LIST OF
ETHNICITIES THAT APPLY
2. THE AGENCY’S WRITTEN POLICY ON RACIAL PROFILING MUST
NOW INCLUDE THE COLLECTION OF INFORMATION RELATING
TO WHETHER THE OFFICER MAKING THE MOTOR VEHICLE
STOP KNEW THE SUSPECT’S RACE OR ETHNICITY BEFORE
DETAINING THE SUSPECT
3. REQUIRES THE AGENCY’S CHIEF ADMINISTRATOR TO SUBMIT
ITS ANNUAL REPORT TO TCLEOSE AND TO THE GOVERNING
BODY
4. AUTHORIZES TCLEOSE TO INITIATE DISCIPLINARY
PROCEDURES AGAINST AN AGENCY’S CHIEF ADMINISTRATOR
WHO INTENTIONALLY FAILS TO SUBMIT THE REPORT
5. HB 3389 GOES INTO EFFECT SEPTEMBER 1, 2009, HOWEVER
THE CHANGES APPLY TO INFORMATION BASED UPON MOTOR
VEHICLE STOPS OCCURRING ON OR AFTER JANUARY 1, 2010
(TO COINCIDE WITH THE CALENDAR YEAR REPORTING
PERIOD)

b. ART. 2.133 HB 3389 REPORTS REQUIRED FOR MOTOR VEHICLE

STOPS
1. REMOVES PEDESTRIAN STOPS
2. LIMITS REPORTS TO DETAILS ABOUT THE OPERATOR OF THE
VEHICLE ONLY
3. ASKS FOR INITIAL REASON FOR THE STOP NOT WHAT
LAW/ORDINANCE WAS VIOLATED
4. REQUIRES INCLUSION OF ANY CONTRABAND OR OTHER
EVIDENCE DISCOVERED AFTER THE STOP
5. EXPANDS INFORMATION THAT MUST BE REPORTED ABOUT
ANY SEARCH
6. INCREASES LEVEL OF DETAIL REQUIRED REGARDING THE
BASIS FOR ANY ARREST
7. REQUIRES THE OFFICER TO REPORT WHETHER A WRITTEN
WARNING OR CITATION WAS ISSUED
8. JUST AS RACIAL PROFILING POLICY CHANGES ARE
EFFECTIVE JANUARY 1, 2010, THE REPORTS APPLY TO
INFORMATION FROM STOPS ON OR AFTER JANUARY 1, 2010.
9. REPORT DUE 3/1/11

c. ART. 2.134 HB 3389 COMPILATION AND ANALYSIS OF

INFORMATION COLLECTED
1. THE AGENCY’S ANNUAL RACIAL PROFILING REPORT IS
REQUIRED TO EVALUATE AND COMPARE THE NUMBER OF
MOTOR VEHICLE STOPS OF PERSONS WHO ARE AND ARE
NOT RECOGNIZED AS RACIAL AND ETHNIC MINORITIES AND
TO CATEGORIZE THE DISPOSITION OF MOTOR VEHICLE
STOPS ACCORDING TO RACE/ETHNICITY-INCLUDING
SEARCHES.

Page 14 of 24
State and Federal Law Update, September, 2009
 d. ART. 2.1385 HB 3389 CIVIL PENALTY
1. PROVIDES A CIVIL PENALTY FOR ANY LAW ENFORCEMENT
AGENCY THAT INTENTIONALLY FAILS TO SUBMIT THE DATE
REQUIRED BY ART. 2.134 $1000 FOR EACH VIOLATION
2. ATTORNEY GENERAL MAY SUE TO COLLECT ON BEHALF OF
THE COMPTROLLER

e. CCP 12.01 SB 1495 & SB 1969 FELONIES

1. CHAPTER 12: LIMITATION AND VENUE
2. SEX CRIMES AGAINST CHILDREN NO LONGER HAVE A
STATUTE OF LIMITATION

f. ART 12.02 SB 410 MISDEMEANORS

1. CLARIFIES THAT THE STATUTE OF LIMITATIONS FOR A CLASS
C MISDEMEANOR REQUIRES A COMPLAINT OR INFORMATION
TO BE PRESENTED WITHIN TWO YEARS FROM COMMISSION
OF THE OFFENSE

i. ART. 13.31 HB 2153 FAILURE TO COMPLY WITH SEX OFFENDER

REGISTRATION
1. EXPANDS THIS ARTICLE TO COVER REGISTRANTS WHO
LACK A PERMANENT ADDRESS
2. MUST REPORT CURRENT AND FUTURE ADDRESSES TO LAW
ENFORCEMENT and REPORT A DESCRIPTION OF EACH
LOCATION (see Chapter 62 for other changes-more to follow
in this course)

j. ART. 14.06 SB 1236 MUST TAKE OFFENDER BEFORE

MAGISTRATE
1. CITATIONS FOR CLASS C MISDEMEANORS MUST INCLUDE
AN ADMONITION REGARDING THE EFFECT OF A FAMILY
VIOLENCE CONVICTION UPON THE PERSON’S ABILITY TO
LEGALLY POSSESS OR PURCHASE A FIREARM (See required
wording for the citation in Bill 1236 or from your training
coordinator)

j. ART. 18.07 SB 743 DAYS ALLOWED FOR SEARCH WARRANT TO

RUN
1. 15 DAYS FOR EXECUTING A SEARCH WARRANT ISSUED
SOLELY TO SEARCH AND SEIZE SPECIMENS FROM A
SPECIFIC PERSON FOR DNA TESTING

j. ART. 18.20 DETECTION, INTERCEPTION AND USE OF WIRE, ORAL

OR ELECTRONIC COMMUNICATIONS
1. FOUR SEPARATE BILLS MADE SIGNIFICANT CHANGES: HB
2047, HB 3228, SB 537 AND HB 2086 (SEE BILLS IF
WIRETAPPING RELATES TO YOUR POSITION)
2. HB 2086 ALLOWS FOR “ROAMING WIRETAPS”—MUST BE
READ CAREFULLY

Page 15 of 24
State and Federal Law Update, September, 2009
 j. ART. 56.065 HB 2626 SEXUAL ASSAULT EXAM
1. TITLE: MEDICAL EXAMINATION FOR SEXUAL ASSAULT
VICTIM WHO HAS NOT REPORTED ASSAULT; COSTS
2. PUTS TEXAS IN COMPLIANCE WITH FEDERAL RULES (STOP)
VAWA
3. EXAM IS FREE FOR VICTIM UNWILLING OR UNABLE TO
COOPERATE INITIALLY WITH LAW ENFORCEMENT
4. DPS PAYS WITH ATTORNEY GENERAL REIMBURSING
EFF. 6/19/2009

j. ART. 59.01 DEFINITIONS

FORFEITURE OF CONTRABAND
1. “CONTRABAND” EXPANDED FOR ASSET FORFEITURE
PURPOSES:
a. ANY OFFENSE UNDER P.C. 42.10 DOG FIGHTING…….
SB 554
b. ANY OFFENSE UNDER P.C. 46.06 (a)(1) UNLAWFUL
TRANSFER OF CERTAIN WEAPONS…….SB 2225
c. ANY OFFENSE UNDER P.C. 46.14 FIREARM
SMUGGLING………SB 2225
d. ANY OFFENSE UNDER P.C. CHAPTER 71, ORGANIZED
CRIME………HB 2086

j. ART. 61.02 SB 418 & HB 2086 GANG DATABASE

1. SB 418 AMENDED ART. 61.02 TO REQUIRE AGENCIES IN
CITIES OVER 50,000 OR IN A COUNTY 0F 100,000 OR MORE
TO COMPILE AND MAINTAIN INFORMATION ON CRIMINAL
COMBINATIONS AND CRIMINAL STREET GANGS
2. GOVERNMENT CODE CHAPTER 421
HOMELAND SECURITY SUBCHAPTER E, TEXAS FUSION
CENTER 421.082 POWERS AND DUTIES
3. THE GANG SECTION OF THE CENTER MUST REPORT TO THE
GOVERNOR AND LEGISLATURE ASSESSING THE THREAT
POSED TO THE STATE BY CRIMINAL STREET
GANGS………..SB 379
4. TEXAS FUSION CENTER
5. THE REPORT MUST TELL SUCCESSFUL ANTI-GANG
INITIATIVES AND GANG INVOLVEMENT IN HUMAN
TRAFFICKING
6. FIRST REPORT DUE 9/1/2010

j. Art. 61.02 HB 2086 GANG DATABASE Cont'd

1. HB 2086 AUTHORIZES THE COLLECTED INFORMATION TO
INCLUDE:
a. SELF ADMISSIONS BY GANG MEMBERS ON SOCIAL
WEBSITES
b. EVIDENCE OF INDIVIDUALS WHO USE THE INTERNET
TO RECRUIT

Page 16 of 24
State and Federal Law Update, September, 2009
 c. EVIDENCE OF VISITATION TO GANG MEMBER IN
JAIL/PRISON
j. SB 2048 C.C.P. CHAPTER 62 SEX OFFENDER REGISTRATION
1. ART. 62.0045 Authorizes the commissioners court in county
of 100,000 or more to designate the sheriff or through local
agreement, a police chief of a city to serve as the mandatory
countywide registration entity for all who must register as sex
offenders in that county.
2. Effective June 19, 2009
3. ART. 62.0061 CREATED TO ALLOW COMMERCIAL SOCIAL
NETWORKING SITES TO REQUEST FROM DPS ALL PUBLIC
INFORMATION AND ANY CONFIDENTIAL
j. CHAPTER 62
SEX OFFENDER REGISTRATION
1. ONLINE IDENTIFIERS RELATING TO REGISTERED SEX
OFFENDERS. FOR PRESCREENING PURPOSES ONLY, TO
STOP REGISTERED SEX OFFENDERS FROM USING THEIR
SITES………SB 689
2. ART. 62.051 SEX OFFENDERS MUST GIVE ANY ONLINE
IDENTIFIER ESTABLISHED OR USED BY THE PERSON.
APPLIES TO ANYONE SUBJECT TO REGISTRATION ON OR
AFTER JANUARY 1, 2010… SB 689
3. ART. 62.0551 MUST REPORT CHANGES OR ADDITIONS TO
ONLINE IDENTIFIERS………………………..…SB 689
4. ART. 62.055 REQUIRES HOMELESS SEX OFFENDERS
(homeless more than 7 days) TO REPORT AT LEAST ONCE
EVERY 30 DAYS………………………………….HB 2153
5. ART. 62.051 REQUIRES HOMELESS SEX OFFENDERS TO
GIVE A DETAILED DESCRIPTION OF GEOGRAPHIC
LOCATION IF NOT AN ADDRESS…………….HB 2153

I. 3.1 - TRANSPORTATION CODE

a. T.C. 502.001 HB 2553 DEFINITIONS

1. A NEW DEFINITION: RECREATIONAL OFF-ROAD VEHICLE
B. MEANS A MOTOR VEHICLE THAT IS:
b. EQUIPPED WITH A NON-STRADDLE SEAT
i. DESIGNED TO PROPEL ITSELF WITH FOUR OR MORE TIRES
ii. NOT DESIGNED PRIMARILY FOR FARMING OR LAWN CARE

a. T.C. 502.006 SB 2553 CERTAIN OFF-HIGHWAY VEHICLES

1. ADDS “RECREATIONAL OFF-ROAD VEHICLES” TO THIS
SECTION
A.MAY NOT BE REGISTERED FOR USE ON HIGHWAY
B.MAY BE REGISTERED FOR USE IN PUBLIC SAFETY
ON PUBLIC BEACH OR HIGHWAY

Page 17 of 24
State and Federal Law Update, September, 2009
 C.MAY BE OPERATED ON PUBLIC OR PRIVATE
BEACH LIKE A GOLF CART BUT OPERATOR MUST
BE LICENSED

a. T.C. 502.0071 HB 2553 GOLF CARTS

1. HB 2553 REPEALED THIS SECTION, EXEMPTING CERTAIN
GOLF CARTS FROM REGISTRATION UNDER THIS CHAPTER.

a. T.C. 521.029 HB 2730 OPERATION OF MOTOR VEHICLE BY NEW

STATE RESIDENTS
1. NEW RESIDENTS MAY DRIVE UP TO 90 DAYS (INSTEAD OF
30) AFTER ENTERING STATE IF THEY HAVE A VALID
DRIVER’S LICENSE ISSUED BY THE PERSON’S STATE OR
COUNTRY OF PREVIOUS RESIDENCE.
2. EFFECTIVE JUNE 19, 2009

a. T.C. 521.457 HB 2012 DRIVING WHILE LICENSE INVALID

1. CLASS C - DWLI WITH INSURANCE
2. CLASS B - DWLI W/O INSURANCE, OR PRIOR CONVICTION
OF DWLI OR NO INSURANCE
3. CLASS A - DWLI AND DRIVER HAS NO INSURANCE AND
WAS AT FAULT IN AN ACCIDENT RESULTING IN SERIOUS
BODILY INJURY OR DEATH

a. T.C. 545.412 SB 61 CHILD PASSENGER SAFETY SEAT SYSTEMS

1. EXPANDS THE OFFENSE TO REQUIRE USE OF A CHILD
SEAT IN A PASSENGER VEHICLE TO:
A. YOUNGER THAN 8 WHO IS SHORTER THAN 4 FOOT
9 INCHES
B. FINE REDUCED TO $25, UP TO $250 FOR REPEAT
OFFENDER
C. 15 CENT COURT COST ON CONVICTION GOES TO
TXDOT TO BUY CHILD SEATS FOR LOW INCOME
D. GOES INTO EFFECT 9/1/2009, BUT
E. NOT PROSECUTABLE UNTIL 6/1/2010
F. A WARNING ONLY BY OFFICERS UNTIL 6/1/2010

a. T.C. 545.413 HB 537 SAFETY BELTS; OFFENSE

1. EXPANDED TWO WAYS:
A. SEAT BELT REQUIRED FOR THOSE 15 AND OLDER
ANYWHERE IN A PASSENGER VEHICLE
B. SEAT BELTS REQUIRED FOR UNDER 17 EXTENDED
TO PASSSENGER VAN DESIGNED TO TRANSPORT
15 OR LESS, INCLUDING THE DRIVER

a. T.C.545.420 HB 548 RACING ON HIGHWAY

1. ADDS THE REQUIREMENT OF SEIZING A VEHICLE USED
IN RACING ON HIGHWAY THAT RESULTS IN PROPERTY
DAMAGE OR PERSONAL INJURY

Page 18 of 24
State and Federal Law Update, September, 2009
 2. ALL REMOVAL AND STORAGE FEES ARE ASSESSED
AGAINST THE VEHICLE’S OWNER

a. T.C. 545.421 HB 1831 FLEEING OR ATTEMPTING TO ELUDE

POLICE OFFICER
1. THE PURSUING VEHICLE IS NOW REQUIRED TO BEAR
THE INSIGNIA OF A LAW ENFORCEMENT AGENCY,
REGARDLESS OF WHETHER IT HAS EMERGENCY LIGHTS.

a. T.C. 545.424 HB 339, HB 2730 OPERATION OF MV BY PERSON

UNDER 18
1. NO WIRELESS COMMUNICATION DEVICE BY MOTOR
VEHICLE OPERATORS UNDER 18 OR
MOTORCYCLE/MOPED OPERATORS UNDER 17 WHO HAS
HAD A LICENSE FOR LESS THAN 12 MONTHS
2. APPLIES TO PERSONS ISSUED A DL ON OR AFTER 9/1/09
3. OK IF THERE IS AN EMERGENCY

a. T.C. 545.425 HB 55 USE OF WIRELESS COMMUNICATIONS DEVICE

1. NO CELL PHONES IN SCHOOL ZONES UNLESS STOPPED
OR HAS HANDS-FREE DEVICE
2. SIGNS MUST BE POSTED AT SCHOOL CROSSING ZONES
3. DOES NOT APPLY TO LAW ENFORCEMENT WHILE
WORKING

a. T.C. 547 SB 589 VEHICLE EQUIPMENT

1. 547.613 CREATES A MISDEMEANOR PUNISHABLE BY
FINE NOT TO EXCEED $1000 FOR PLACING WINDOW TINT
ON A VEHICLE WITHOUT ALSO INCLUDING A LABEL
REQUIRED BY 547.609 INDICATING THAT THE TINT IS IN
COMPLIANCE

a. T.C. 661.003 SB 1967 PROTECTIVE HEADGEAR

1. REQUIREMENT REMOVED TO MAINTAIN $10,000 IN
MEDICAL BENEFITS TO BE EXEMPT FROM HELMET—
Texas Dept of Insurance to develop standard proof of
coverage for that exemption.
2. REPEALS THE LICENSE PLATE STICKER SYSTEM FOR
ESTABLISHING PRESUMPTION OF COMPLIANCE
and!!!!!!

a. T.C. 661.004 SB 1967 AUTHORITY TO INSPECT

1. BILL PROHIBITS PEACE OFFICERS FROM STOPPING OR
DETAINING AN OPERATOR OR PASSENGER FOR THE
SOLE PURPOSE OF DETERMINING WHETHER THAT
PERSON IS QUALIFIED TO RIDE WITHOUT A HELMET

a. T.C. 545.416 HB 537 CHILD ON MOTORCYCLE

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State and Federal Law Update, September, 2009
 2. IT IS UNLAWFUL TO CARRY A CHILD UNDER THE AGE OF 5
ON A MOTORCYCLE UNLESS THE CHILD IS IN A SIDECAR.

p. T.C. 724 SB 328 IMPLIED CONSENT

1. 724.012 TAKING OF SPECIMEN
A. ADDS CIRCUMSTANCES THAT REQUIRE TAKING
BREATH OR BLOOD SPECIMEN WITHOUT A WARRANT
WHEN A PERSON IS ARRESTED UNDER P.C. CHAPTER
49, INTOXICATION AND ALCOHOLIC BEVERAGES
OFFENSES: Cont’d
2. MANDATORY DRAW FOR THESE THREE ADDITIONAL
CIRCUMSTANCES:
A. OFFENSE-RELATED CRASHES WHEN THE OFFICER
REASONABLY BELIEVES THAT AS A DIRECT RESULT,
AN INDIVIDUAL OTHER THAN THE SUSPECT HAS
SUFFERED BODILY INJURY AND WAS TRANSPORTED
FOR MEDICAL CARE;
B. AN ARREST OCCURRED FOR P.C. 49.045 (Driving While
Intoxicated with Child Passenger);
OR
C. THE OFFICER HAS CREDIBLE INFORMATION THAT THE
ARRESTED PERSON HAS PRIOR CONVICTIONS UNDER
CHAPTER 49 THAT WOULD MAKE THE CURRENT
ARREST PROSECUTABLE AS A FELONY (PRIOR
CONVICTIONS FROM ANOTHER STATE COUNT ALSO)
D. OFFER BREATH AND BLOOD ON EVERY INSTANCE
(EVEN THOSE REQUIRING A WARRANT) (DIC-24)

p. CCP ART. 18.01, SB 328 TRANSPORTATION CODE ART. 2.09

1. ADDITIONAL POINTS TO SB 328:
2. DUI/MINOR NOW INCLUDES WATERCRAFT
3. CCP 18.01 (SEARCH WARRANTS) ALLOWS FOR ANY
MAGISTRATE WHO IS ALSO AN ATTORNEY TO SIGN DWI
BLOOD SEARCH WARRANTS
4. (EX. JUSTICES OF THE PEACE, JUDGES OF MUNICIPAL
COURTS IF THE PERSON IS AN ATTORNEY)
5. THE NEW TYPES OF JUDGES WHO CAN SIGN BLOOD
WARRANTS CAN ONLY SIGN THE WARRANT WHEN/IF
THE ARRESTED PERSON FIRST REFUSES.

p. T.C. 724.017 SB328 BLOOD SPECIMEN

1. SUBSECTION (b) AMENDED TO GIVE IMMUNITY FROM
LEGAL LIABILITY OR ADMINISTRATIVE DISCIPLINE TO
THE PERSON WHO TAKES BLOOD, THAT PERSON’S
EMPLOYER AND THE FACILITY WHEN BLOOD IS TAKEN
UNDER CHAPTER 724
2. IMMUNITY GIVEN ALSO APPLIES TO SEARCH WARRANT BLOOD
DRAWS

Page 20 of 24
State and Federal Law Update, September, 2009
 3. SUBSECTION (d) ADDED TO SAY THAT ARRESTED PERSON IS
NOT CONSIDERED TO BE THERE FOR MEDICAL SCREENING OR
TREATMENT
p. TRANSPORTATION CODE - SUBTITLE M (CHAPTERS 1001-1004)
1. HB 3097 AMENDS CURRENT LAW TO CREATE AND
DESCRIBE DUTIES AND FUNCTIONS OF NEW TEXAS
DEPARTMENT OF MOTOR VEHICLES
2. DMV WILL TRANSFER IN SOME DUTIES FROM DPS/OTHER
STATE AGENCIES AND BEGIN 11/1/2009

p. SECTION 54.208 HB 2347 EDUCATION CODE

1. THIS PROVIDES A TUITION AND LAB FEES EXEMPTION
FOR PEACE OFFICERS WHO ENROLL IN AN INSTITUTION
OF HIGHER EDUCATION AS AN UNDERGRADUATE
SEEKING A DEGREE IN CRIMINAL JUSTICE OR LAW
ENFORCEMENT-RELATED DEGREE PROGRAM.........
2. THERE ARE SOME QUALIFIERS SUCH AS ATTEMPTS AS A
RESIDENT STUDENT PRIOR TO SEEKING THE EXEMPTION
3. ANY ONE CLASS CANNOT EXEMPT STUDENTS IN EXCESS
OF 20% OF THE STUDENTS PER CLASS
4. TAKES EFFECT JANUARY, 2011
5. HAS BEEN AVAILABLE TO FIREFIGHTERS FOR A LONG
TIME

I. 4.1 - TITLE 10 OCCUPATIONS CODE CHAPTER 1701 LAW ENFORCEMENT

OFFICERS
1. HB 3389 (O.C. 1701.351) REQUIRES STATE AND FEDERAL
LAW UPDATE OF STATE AND FEDERAL LAWS EVERY
TWO YEARS AS PART OF 40 HOUR REQUIREMENT FOR
ALL PEACE OFFICERS/ CONSTABLES EXEMPT
2. HB3389 (O.C. 1701.352) CRISIS INTERVENTION,
CULTURAL DIVERSITY, AND SPECIAL INVESTIGATIVE
TOPICS TRAINING ARE REQUIRED OF ALL PEACE
OFFICERS WHO HOLD A BASIC CERTIFICATE, OR LESS.
3. HB 3389 - (O.C. 1701.402) SPECIAL INVESTIGATIVE
TOPICS AND CULTURAL DIVERSITY ARE NOW
INTERMEDIATE COURSE REQUIREMENTS
4. HB 4009 – (O.C. 1701.258) PEACE OFFICERS FIRST
LICENSED ON/AFTER 01/11/2011 MUST COMPLETE
COURSE ON HUMAN TRAFFICKING ONE TIME
5. HB 4009 – (O.C. 1701.402) BECOMES AN INTERMEDIATE
COURSE AFTER 01/01/2011.
• CHAP. 1701 LAW ENFORCEMENT
1. 1701.357 REQUIRES THE HEAD OF A LAW
ENFORCEMENT AGENCY FROM WHICH A PEACE
OFFICER HONORABLY RETIRED TO PROVIDE
HONORABLY RETIRED OFFICERS AN IDENTIFICATION
CARD ON REQUEST……………HB 2068
2. EFFECTIVE JUNE 19, 2009

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State and Federal Law Update, September, 2009
 I. 5.1 - FEDERAL UPDATE - RECENT SUPREME COURT DECISIONS
a. HERRING V. UNITED STATES: January 2009; No Exclusionary
Rule for Negligent Police Error
1. OFFICERS CONFIRMED A WARRANT FROM ANOTHER
JURISDICTION.
2. ACTING IN GOOD FAITH, ARRESTED THE PERSON AND
FOUND CONTRABAND. THE OFFICERS LEARNED THAT
THE WARRANT HAD BEEN RECALLED.
3. THE ERROR THAT LED TO THE ARREST AND SEARCH IS
THE RESULT OF A GOOD FAITH MISTAKE.
4. THE COURT HELD THAT THE FOURTH AMENDMENT DOES
NOT REQUIRE SUPPRESSION OF EVIDENCE OBTAINED
PURSUANT TO A SEARCH INCIDENT TO ARREST....
5. ...DESPITE THE FACT THAT THE ARREST ITSELF
VIOLATED THE FOURTH AMENDMENT BECAUSE IT WAS
BASSED ON NEGLIGENT POLICE ERROR.
b. MONTEJO V. LOUISIANA: May 2009
1. MONTEJO WAS ARRESTED FOR MURDER. LATER HE
WENT FOR HIS 72 HOUR HEARING (REQUIRED IN LA.) IN
WHICH HE WAS CHARGED, GIVEN NO BOND AND AN
ORDER ISSUED PROVIDING HIM AN ATTORNEY. LATER
HE WAS GIVEN HIS MIRANDA WARNING AFTER.....
2. ...WHICH HE AGREED TO TAKE OFFICERS TO THE
MURDER WEAPON.

ON THE TRIP, HE WROTE AN APOLOGY LETTER TO THE

VICTIM’S WIDOW. ON RETURNING TO THE JAIL, HE MET
HIS ATTORNEY FOR THE FIRST TIME. THE LETTER WAS
USED AS EVIDENCE AGAINST HIM IN TRIAL.

HIS ATTORNEY ARGUED THAT THE LETTER SHOULD NOT

HAVE BEEN USED SINCE MONTEJO HAD NEVER MET
WITH HIS ATTORNEY.

THE SUPREME COURT RULED THAT MONTEJO HAD BEEN

PROPERLY MIRANDIZED AND “IN DETERMINING
WHETHER A SIXTH AMENDMENT...

...WAIVER WAS KNOWING AND VOLUNTARY, THERE IS

NO REASON CATEGORICALLY TO DISTINGUISH AN
UNREPRESENTED DEFENDANT FROM A REPRESENTED
ONE.”

3. THE COURT RULED THAT AS LONG AS DEFENDANT IS

GIVEN MIRANDA WARNINGS AND A PROPER WAIVER...
...OCCURS, THE SUBSEQUENT STATEMENT IS VALID.
4. MIRANDA SUFFICIENTLY INFORMS A DEFENDANT OF THE
CONSEQUENCES OF INTERROGATION.

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State and Federal Law Update, September, 2009
 ADDITIONAL COURT CASES

c. ARIZONA V. GANT: April 2009; GANT WAS ARRESTED FOR

DRIVING WITH A SUSPENDED LICENSE AFTER HE PARKED,
EXITED HIS VEHICLE AND WALKED 8-12 FEET TOWARDS THE
OFFICERS. THE VEHICLE WAS THEN SEARCHED AND
DRUGS/DRUG PARPHERNALIA WAS FOUND.

GANT WAS LATER CONVICTED OF THE DRUG CHARGES. THE

ARIZONA COURT DENIED HIS MOTION TO SUPPRESS THE
EVIDENCE. THE SUPREME COURT REVERSED THAT DECISION
AND STATED THAT THE POLICE MAY SEARCH THE PASSENGER
COMPARTMENT OF A VEHICLE INCIDENT TO A RECENT
OCCUPANT’S ARREST ONLY IF IT IS:
1. REASONABLE TO BELIEVE THAT THE ARRESTEE
MIGHTACCESS THE VEHICLE AT THE TIME OF THE
SEARCH OR THAT THE VEHICLE CONTAINS EVIDENCE OF
THE OFFENSE OF ARREST.

d. CORLEY V. UNITED STATES; April 2009

THE CHALLENGE IN THIS CASE WAS BUILT AROUND THE
“PRESENTMENT OF AN ARRESTEE WITHOUT UNNECESSARY
DELAY”. CORLEY WAS A SUSPECT IN A BANK ROBBERY, WAS
ARRESTED ON OUTSTANDING WARRANTS AND WAS NOT
TAKEN BEFORE THE COURT FOR ARRAIGNMENT FOR 29.5
HOURS.
DURING THAT TIME, HE GAVE A CONFESSION TO THE BANK
ROBBERY. (FEDERAL ARRESTEES MUST GO BEFORE A JUDGE
NO LONGER THAN SIX HOURS AFTER ARREST)
1. LESSON LEARNED:
A. AN UNREASONABLE DELAY IN PRESENTING AN
ARRESTEE BEFORE THE COURT FOR
ARRAIGNMENT MAY IMPACT THE ADMISSIBILITY
OF A CONFESSION GAINED AFTER THE ARREST
AND BEFORE GOING TO COURT.

a. KANSAS V. VENTRIS; April 2009

1. THE OPINION IN THIS CASE OPENED A WIDE DOOR IN
FUTURE CASES FOR THE STATE OR FEDERAL
GOVERNMENT TO ARGUE THAT NO CONSTITUTIONAL
VIOLATION OCCURS WHERE POLICE OBTAIN A
VOLUNTARY STATEMENT BY WAY OF A JAILHOUSE
SNITCH. April, 2009

b. ARIZONA V. JOHNSON
1. HOLDING: SEARCH OF AUTO PASSENGER JUST LIKE
TERRY
2. REQUIREMENTS:

Page 23 of 24
State and Federal Law Update, September, 2009
 A. LAWFUL VEHICLE STOP
B. NO NEED TO BELIEVE ANY ARE INVOLVED IN
CRIMINAL ACTIVITY
C. POLICE MUST HARBOR REASONABLE SUSPICION
THAT THE PERSON FRISKED IS ARMED AND
DANGEROUS

TEST TIME!

Instructor Resource Guide: Material presented in this curriculum was taken from:

Texas District & County Attorneys Association;

Justices of the Peace and Constables Association of Texas;
www.capitol.state.tx.us;
www.findlaw.com;
www.oyez.org;
http://ussc.blogspot.com;
www.law.cornell.edu

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State and Federal Law Update, September, 2009