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Immediate
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ANIMAL
CRUELTY:
Texans have become increasingly concerned with cases of cruel and violent acts perpetrated on innocent pets and animals. The new law amends the Penal Code to increase the penalties for certain offenses of animal cruelty. The bill provides that a person commits a State Jail Felony, or a felony of the third degree if the person has previously been convicted two times of animal cruelty.
UNLAWFUL
RESTRAINT:
This offense is now a Third Degree Felony if the victim is exposed to the risk of serious bodily injury, the victim is a public servant, or the restraint occurs while the actor is in custody.
NOTARY
PUBLIC:
It is a Class A misdemeanor for a notary public to falsely state
that he is a lawyer, solicit or accept compensation to prepare
documents, or use the phrase "notario" or "notario
publico" to advertise his services. It is a Third Degree
Felony if this action is repeated.
INMATES AND CAPITAL ISSUES
If a convicted person's case did not include DNA testing, this
person may ask the convicting court to conduct DNA testing of
evidence which was in the State's possession but was not
previously subjected to testing for the following reasons:
DNA testing was not available, was available but not
technologically capable of providing probative results, or the
person was previously subjected to DNA testing but can be tested
with newer modern techniques that may be more accurate than the
previous test. The person is entitled to have counsel
appointed if he is indigent. An inmate who prevails in the
convicting court may also be released on bond pending the
conclusion of court proceedings.
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WRONGFUL IMPRISONMENT
COMPENSATION:
A person is entitled to compensation if he has served a sentence in prison under the laws of this state and received a full pardon on the basis of innocence for the crime for which he was sentenced or has been granted relief on the basis of actual innocence of the crime for which the person was sentenced. The person has 3 years from the date of the pardon or the determination of innocence, and may either make an administrative application or sue the State. The compensation may not exceed $25,000 multiplied by the number of years served in prison if the time served is less than 20 years, or $500,000 if the time served is 20 years or more. This person is not entitled to compensation if he was also serving a sentence for another crime.
PROCEDURAL ISSUES
RACIAL PROFILING BY POLICE IS PROHIBITED:
Peace officers are prohibited from stopping or questioning a
person based on race, ethnicity, or national origin rather than
on the individual's behavior or on information identifying the
individual as having engaged in criminal activity. Peace
officers who stop vehicles must report: A physical description
of each person detained as a result of the stop whether the
officer conducted a search as a result of the stop;
-Whether the person detained consented to the search;
-Whether the officer made an arrest as a result of the stop or
the search.
However, the police will be exempt from the reporting
requirements if they have video cameras and
transmitter-activated equipment on their police cars.
INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC
COMMUNICATIONS:
Murder for hire and child pornography possession are offenses for which a judge may authorize interception of private communications. A new provision for emergency installation and use of an intercepting device is created for "immediate" life-threatening situations.
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David B. Frank
Attorney And Counselor At Law
The Penthouse Condominiums
1212 Guadalupe Street, Suite 103
Austin, Texas 78701
Tel. 512-499-0969
Fax. 512-499-8220 |
Reproduction of any material on this site without written
permission is strictly prohibited.
© Copyright
2002-2011 David Frank, Attorney at Law. All Rights Reserved. |
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