20152015CRIMINAL LAWCRIMINAL LAWLEGISLATIVELEGISLATIVE

UPDATEUPDATE

Kristin EtterOctober 16, 2015

TCDLA GOALS

•Protect the Michael Morton Act

•Kill bad bills

•Fix expunctions

TONE of SESSION

•Strange bedfellows

•Historic Speaker Vote

•Senate two-thirds rule

2015 SESSIONMAIN THEMES

1 GunsGuns

Guns

2015 SESSIONMAIN THEMES

2 Grand Jury Reform

2015 SESSIONMAIN THEMES

3Marijuana and other decriminalization measures

SESSION OVERVIEW

•Number of bills filed: 6,440

•TCDLA Track: Approx. 1000

•Number of bills passed: 1,329

•15-20% Track passed

2015 SESSIONLEGISLATIVE UPDATE OVERVIEW

•Michael Morton Act & Discovery•Occupational Licenses•New Standard Value Ladder•Sex Offenses•Non-Disclosures•Rule of Lenity•Search & Seizure•Grand Jury•Family Violence

2015 SESSIONLEGISLATIVE UPDATE OVERVIEW

•Drugs•Juveniles•Guns•Forensics & Post-Conviction•Digital Crimes•Probation•Jail & Prison•Death Penalty•Fine & Court Costs

MICHAEL MORTON ACT & DISCOVERY

HB 510 - (CCP 39.14) Request for Notice of Expert Witness.

HB 3791 – (CCP 2.139) Video Recordings of Arrests for Intoxication Offenses (Does not include DUI)

OCCUPATIONAL LICENSEHB 2246 (TTC 521.251) - Ignition Interlock “in lieu of a license suspension”•No hard suspension with IID•No essential need with IID•No travel restrictions with IID•If DL suspended on conviction, IID required for entire suspension

HB 441 (TTC 521.249) - Copy of Order valid for 45 Days.

VALUE LADDERHB 1396 (TPC Property Crimes)

RAISING THE AMOUNTS FOR MISDEMEANOR OFFENSE LEVELS:

Class C: Less than $100

Class B: $100+ but less than $750

Class A: $750+ but less than $2,500

VALUE LADDERHB 1396 (TPC Property Crimes)

RAISING THE AMOUNTS FORFELONIES OFFENSE LEVELS:

SJF: $2,500+ but less than $30,000

3d Degree: $30,000+ but less than $150,000

2d Degree: $150,000+ but less than $300,000

1st Degree: More than $300,000

SEX OFFENSES

HB 1396 (CCP 32A.01) Trial Priority for child victims. Unless extraordinary circumstances require otherwise, the trial of a criminal action in which the alleged victim is younger than 14 years of age shall be given preference over other matters before the court, whether civil or criminal

Unless extraordinary circumstances require otherwise, the trial of a criminal action in which the alleged victim is younger than 14 years of age shall be given preference over other matters before the court, whether civil or criminal

SEX OFFENSES

SB 1135 (TPC 21.16) Unlawful Disclosure or Promotion of Intimate Visual Material aka “Revenge Porn”•Creates new crime to disclose or promote “revenge porn” if you disclose visual material depicting person’s intimate parts or engaged in sexual conduct without consent

SEX OFFENSESSB 1317 (TPC 21.15) Invasive Visual Recording: The New and Improved Improper Photography Statute•Removes requirement that it be done with intent to arouse or gratify sexual desire•Makes it a crime to photograph intimate area of a person if the person has a reasonable expectation that the intimate area is not subject to public view

SEX OFFENSES

SB 344 (TPC 33.021) The New and Improved Online Solicitation•Prior version struck down by CCA •Changes the definition of a minor protected by online solicitation law to anyone younger than 17, rather than anyone who "represents himself or herself to be" younger than that age.•Also removes “intent to arouse or gratify sexual desire” language

SEX OFFENSES

HB 207 (TPC 21.16) Voyeurism – the new “Peeping Tom” Bill•Makes it a new crime to commit “voyeurism” which is observing another person in a dwelling or structure where a person has a reasonable expectation of privacy with the intent to arouse or gratify sexual desire•Class C unless 2 priors, then Class B, or unless person is child younger than 14, then SJF

SEX OFFENSESSB 825 (TPC 43.02) Prostitution•distinguishes the Jane from the John•Both are still Class B (unless enhancements apply)

SEX OFFENSES

HB 2291 (TPC 42.037) Child Pornography•Prior child porn conviction enhances to second degree•Two prior convictions enhances to first degree•Prior conviction for promotion enhances to first degree

SEX OFFENSES

HB 189 (CCP 12.01) Statute of limitations Elimination aka the Bill Cosby Act•eliminates the statute of limitations for sexual assault if probable cause exists to believe the defendant has committed the same or similar sexual offense against FIVE or more victims.

CRIMINAL RECORDS

VETOED BY GOVENOR - HB 3579 (CCP 55.01) Expunctions: by offense, not arrest

SB 1902 (TGC 411) Non-disclosures Provides for nondisclosures of certain non-violent misdemeanor convictions Also provides for immediate and cheaper nondisclosures for certain successfully completed deferred adjudications

RULE OF LENITY

HB 1396 (TGC 311.035) For crimes outside the penal code, any ambiguity favors the defendant.

SEARCH & SEIZURE

HB 1396 (CCP 18.02 & 18.0215) Warrant requirement for cell phones

HB 326 (CCP 18.01) Electronic submission for search warrants

HB 941 (TGC 411.1471) DNA database expansion

GRAND JURY

HB 2150 (CCP 19) Expanded traditional juror qualifications to grand jury

End of “key man” system

FAMILY VIOLENCESB 817 (TFC 71.004) Expands definition of dating violence to include applicant of PO

HB 388 (TFC 85.025) Extension of duration of protective orders if person in custody

HB 2645 (TPC 25.07) New offense: Tampering with GPS

HB 2645 (CCP 38.371) Rules of Evidence Change SB 112 (CCP 17.292) Magistrate can cut off all contact with victim or children

DRUGS

SB 173 (HSC 481.1031) Synthetic marijuana

SB 339 (HSC 487) Limited medical marijuana use of THC

HB 1212 (HSC 431) Emergency declaration of controlled substances when chemists change one or two molecules to create new drugs

JUVENILE

HB 2398 (Multiple Statutes) Decriminalizing truancy

SB 1707 (TFC 58.003) Records

SB 888 ( TFC 56.01 & CCP 44.47) Right to immediate appeal after certification as an adult

GUNS

HB 910 (Multiple Statutes) Open carry - Effective 01/01/2016

SB 11 (TGC 411.2031) Concealed carry on college campus - Effective 08/01/2016

HB 554 (TPC 46.03) Airports

FORENSICS / POST-CONVICTION

SB 662 (CCP 11.074) Appointment of attorney for post-conviction writ – Effective 06/16/2015

SB 487 (CCP 64.01) DNA: reasonable likelihood that it contains biological material

HB 3724 (CCP 3724) Expansion of scientific writs

HB 48 (CCP 43.27) Exoneration commission - Effective 06/01/2015

COMPUTER CRIMES

HB 896 (TPC 33.02) Breach of computer security: no intent to harm needed

•Overbroad: ripe for constitutional challenge

PROBATION

HB 2299 (CCP 42A) Non-substantive re-write of 42.12 - Effective 01/01/2017

HB 518 (CCP 42.12) Waiver of probation revocation without being present

PROSECUTION

HB 1690 (TGC 411.0251) Localizes prosecution of public officials

JAIL & PRISONSHB 549 (TGC 511.009) In person jail visitation

HB 710 (TGC 508.251) Bonds in parole warrant cases

SB 746 (HSC 841) Civil commitment for sex offenders - Effective 06/17/2015

DEATH PENALTY

SB 1071 (CCP 43.141) Must provide notice of execution date

SB 1697 (TGC 552.1081) Secrecy of execution drug cocktail

SB 873 (CCP 43.05) If police going to arrest on a capias pro fine and take someone to jail, can pay the officer directly instead of car being towed and arrested.

FINES & COURT COSTS