JUNE 2005 Legislative Update

HB 823 - CARRYING WEAPON IN MOTOR VEHICLE

Creates a presumption that a person is traveling if they are in a motor vehicle and carrying a weapon.  The presumption applies if the person is not otherwise engaged in unlawful activity other than a traffic violation, is not otherwise prohibited by law from possessing a firearm, not a criminal street gang member as defined by Section 71.01, Penal Code, or not carrying a hand gun that is in plain view in the vehicle.

The law becomes effective September 1, 2005.

CONSENT SEARCH BILL VETOED

This bill would have severely limited an officer's ability to perform a search based on a suspect's consent. The bill would have required that consent be in writing or recorded by audio and video equipment.  The veto maintains the status quo and continues the practice of allowing a search based on a suspect's verbal consent.

HB 639 - DUE PROCESS

For the first time, peace officers and detention officers who work for departments not covered by civil service or collective bargaining laws now have due process protection from being terminated or indefinitely suspended. HB 639 requires that complaints against officers must be investigated and evidence must exist to support the allegation of misconduct before the officer may be fired. The new law takes effect on September 1, 2005.

HB 1095 - ASSAULT BY BODY WASTE OR FLUIDS

It is has been a state jail felony for an inmate to assault a person with body waste or fluids. HB 1095 expands the law to include all public servants.  The bill also requires the suspect to be tested and to pay restitution if a person contracts a contagious disease as a result of the assault.

HB 1262 - THREATS AGAINST DETENTION OFFICERS

Includes detention officers and county jailers in the assault threat database maintained by DPS.

HB 2823 - DISABILITY PAYMENTS

Ensures that officers who are eligible for disability payments from the Crime Victims Compensation Fund may elect to receive the payments monthly instead of annually.

HB 2769 - STATE FLAG TO DECEASED OFFICERS

Ensures that state flags awarded to the family of a former officer that died is only awarded to those officers that were honorably retired not someone who was fired.

 SB 907 - JURISDICTION

Expands jurisdiction for municipal peace officers.  Allows these officers to arrest for traffic violations committed outside of their municipality if the offense is committed in the officer's presence or view and the offense is committed in the county or counties in which the municipality that employs the officer is located.