Saturday, October 27, 2007

 

Legislative Update!


Yesterday I joined the McClennan County Criminal Defense Lawyers for their monthly lunch, where we heard from Allan Place, who gave us a very interesting update on what the Texas Legislature has been doing. As a public service, I have listed some highlights below, grouped as (1) those laws you may have heard of, and (2) those you probably did not hear about or even imagine anyone would think of.

Laws You Probably Heard About:

Death Penalty for 2d Aggravated Sexual Assault (HB 8): This provision was part of a broad measure regarding sexual assualt crimes. It is an open Constitutional question whether capital punishment can be exacted for crimes less than murder. The U.S. Supreme Court will have to resolve this question, as many states are passing similar statutes.

Juvenile Law Reforms (SB 103): In the wake of the Texas Youth Commission scandals, many reforms were passed. Most importantly, children can no longer be sent to the TYC for misdemeanor offenses.

Castle Doctrine expanded (SB 378): This expands the presumption of reasonableness relating to self-defense with deadly force, to now cover those protecting a business or home. However, there are significant caveats, so don't start shooting those who appear to be approaching your car.

Laws You Probably Haven't Heard About:

Interference With People in Radiation Suits (HB 2703): It's now illegal to mess with people who are involved with public health and safety operations. One such offense is depicted above, in which Poseur and Swanburg pester some workers trying to attend to a nuclear waste spill.

Disabling Aircraft With A Laser Pointer (HB 1586): Be careful, kids! If you succeed in impairing a pilot's ability to control an aircraft (resulting in, say, a crash), that's now a state misdemeanor offense! This kind of reminds me of the signs that Michigan actually posted in highway construction areas: "Kill A Worker= $7,500 fine!" It always seemed like a pretty weak threat...

Comments:
I always hang out at nuclear waste spills on the off chance I will develop super powers from the bite from a radioactive spider.
 
So Texas wants to kill even MORE people with the death penalty . . . yes, sexual assault is horrible, but come on.

A couple of times while I was still living in the States five years ago, I called the Texas Governor's office--then George Bush--to protest an execution. There was actually a menu choice you could pick: "If you wish to protest an execution, please press 8." Not kidding.

Grrr . . . sorry; my pet issue. Virginia's almost as bad.
 
It's a misdemeanor to disable an aircraft?

{sheepishly putting away light saber.}
 
that's McLennan County
 
Doh!
 
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