Texas Criminal Legislation in the Works

 Posted on January 15, 2009 in Uncategorized

The Texas District and County Attorneys Association (TDCAA) has been so kind as to commission Texas legislative updates for us. Thanks, TDCAA.

Some highlights:

  1. House Bill 169, allowing police to set up checkpoints (ihre Papieren, bitte!).

  2. House Bill 164, creating an affirmative defense for the medical use of marijuana.

  3. House Bill 170, creating a presumption, if a person's BAC is over.08 within 90 minutes of arrest, that his BAC was over.08 at the time of the offense.

  4. House Bill 287, reducing possession of less than a gram of a controlled substance in penalty group 1 or 2 from a state jail felony to a class A misdemeanor. (This is from Rep. Harold Dutton, who is also sponsoring bills on the abolition of the death penalty and discovery in criminal cases, among other things.)

  5. My personal favorite so far, Senate Bill 112, creating a deferred prosecution program for military members and veterans.

There's much, much more; I may report on it in coming days.

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