During the 82nd Texas Legislature, a number of bills were filed and eventually passed with the objective of combating criminal activity in the State of Texas. As criminals have adapted, so must the laws that are designed to control, limit and ultimately punish them for their criminal activities. These types of laws are necessary to maintain what most of us understand to be a civilized society which is dependent on laws that protect each of us from individuals infringing on our person, property or personal safety.
Those bills that passed the 82nd Legislature range from bills that were intended to close existing loopholes to those aimed at accounting for new technologies and tactics. Below are some of those bills:
• SB 844 – Under the law prior to the passage of SB 844 a loophole existed in the Texas Penal Code. Under the Penal Code, an individual commits an offense if that individual were to evade a peace officer attempting to place them under arrest or who escapes from custody after they have been arrested. Additionally, under the Penal Code, a peace officer has the ability to lawfully detain a person based on a reasonable suspicion that the person has committed an offense. However, if the person who is lawfully detained escapes, there is little legal basis for charging that person with an offense of escape from custody or evading if the escape occurs outside the peace officers sight. SB 844 makes it an offense for an individual to escape while they are being lawfully detained.
• HB 1116 – Over time numerous devices have been created to help prevent speeders from being ticketed. The most common device that we are all accustom to is the radar detector which is designed to pick up radar signals out of the air. These radar detectors have become less effective, as law enforcement have become familiarized with how they work. This has spawned the usage of Lidar/radar jamming devices. Unlike traditional radar detectors, the jamming devices emit a radio frequency signal that interferes with the operation of police Lidar/radar by saturating its receiver with noise or false information. These devices have the potential to damage police equipment, as well as prevent the police from not only measuring the speed of the vehicle equipped with the jamming device but also those vehicles around it. HB 1116 makes it illegal to have a radar jamming device in your vehicle.
• SB 1416 – Law enforcement officials in South Texas have been tasked with overcoming a device now being utilized by fleeing suspects. Tire deflation devices are often used by law enforcement officers to end a police chase. Recently individuals being pursued by law enforcement officers have begun throwing down homemade tire deflation devices intended to take out the police cars tires. These devices pose a danger to not only law enforcement but also the general public. With the passage of SB 1416, these devices are now illegal to possess, manufacture, transport, repair or sell.
It is important to note that each of these laws will go into effect on September 1, 2011. Though these laws may not directly impact you, it is important to learn and know about the new laws that were passed by the 82nd Texas Legislature. If you would like to view any of the other legislation that was passed during the 82nd Regular Session and the first called special session, these websites are great resources:
• The Texas Legislature .
• The Texas House of Representatives .
• The Texas Senate .
If you have questions regarding any of the information mentioned in this article, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).
