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A long and controversial legislative session resulted in a mixed bag of new criminal laws in Texas. Here is a roundup of the new criminal laws and the biggest changes to existing laws stemming from the 87th legislative session.

1. Constitutional Carry

HB 1927: Signed June 16

Starting September 1, Texans over age 21 will be able to carry a handgun in public without license or training. House Bill 1927 eliminated the requirement for Texans to obtain a license to carry as long as they are not prohibited from possessing a gun by state or federal law. This legislation also makes a number of other changes and additions to the Penal Code concerning firearms, including:

  • Making it a crime to carry a firearm while intoxicated. This offense is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.
  • Making it a crime for a gang member to carry a firearm in a vehicle. This offense is a third-degree felony punishable by two to 10 years in prison and a maximum $10,000 fine.
  • Allowing a peace officer to disarm a citizen at any time if he or she believes it is necessary to protect the person, the officer or another individual. The officer, however, must return the person’s handgun before leaving the scene if the officer determines the person was not a threat and didn’t commit a violation.
  • Allows for the expungement of records for those who have been previously convicted of unlawfully carrying a weapon before September 1, 2021.

Constitutional Carry in Texas 2021

2. Obstructing Emergency Vehicles

HB 9: Signed June 1

House Bill 9 makes it a state jail felony to knowingly block an emergency vehicle with its lights and sirens on or to obstruct access to a hospital or health care facility. A state jail felony is punishable by six months to two years behind bars and a maximum $10,000 fine. Individuals convicted of this offense are required to spend at least 10 days in jail, even if they are sentenced to probation. This legislation was passed in response to protestors blocking roadways during last year’s nationwide protests against police brutality.

3. Financial Abuse of the Elderly

HB 1156: Signed June 9

This bill creates the new offense of financial abuse of an elderly individual. A person commits this offense if he or she “knowingly engages in the wrongful taking, appropriation, obtaining, retention or use of money or other property of an elderly person” by any means, including financial exploitation. The penalties for financial abuse of an elder range from a Class B misdemeanor to a first-degree felony depending on the amount of property or money taken. This bill was passed in response to the growing number of elderly Texans who fall victims to scams, frauds and exploitation each year.

Financial Abuse of Elder

 

4. Impersonating a Private Investigator

HB 1400: Signed June 15

It is now illegal in Texas to impersonate a private investigator, who are licensed by the Texas Department of Public Safety and deal with personal and highly sensitive matters. A person commits this offense if he or she impersonates a private investigator with the intent to induce another to submit to the person’s pretended authority or to rely on the person’s pretended acts of a private investigator, or knowingly purports to exercise any function the requires licensure as a private investigator. Impersonating or purporting to be a private investigator is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.

Impersonating a Private Investigator

5. Unlawful Use of Fireworks: Endangering Law Enforcement

HB 2366, Signed June 1

Over the past year, some parts of the country saw increased hostility toward law enforcement. Fireworks and laser pointers became methods intended to obstruct or injure law enforcement. Texas lawmakers sought to discourage this conduct by increasing the penalty for directing a laser pointer at an officer and by creating the criminal offense for the unlawful use of fireworks. It is now a felony to explode or ignite fireworks to interfere with or flee from official police activity. It’s a state jail felony (punishable by six months to two years in state jail) to use fireworks that are sold to consumers, and it’s a second degree felony (punishable by two to 20 years in prison) if explosive fireworks, such as those used in public displays, are fired at an officer. It is also a third-degree felony to direct laser pointers at a uniformed safety officer, rising to a first-degree felony if the conduct causes bodily injury to the officer. Prior to House Bill 2366, using a laser pointer at officers was only a misdemeanor offense.

6. Soliciting a Prostitute is Now a Felony 

HB 1540: Signed June 16

In the past, Texas law made no distinction between “prostitution” and “solicitation of prostitution.” Prostitutes and so-called “Johns” both faced a misdemeanor charge and were punished equally. That changed in September 2021 when Texas became the first state to make solicitation of prostitution a state jail felony. This means that “Johns” face harsher punishment that the person offering sexual services. A state jail felony is punishable by six months to two years in a state jail facility and a maximum $10,000 fine. The new law is part of sweeping legislation aimed at cracking down on human trafficking. In addition to increasing penalties for solicitation of prostitution, House Bill 1540 also implemented numerous other measures. Notably, it also made human trafficking a first-degree felony if the actor recruited, enticed or obtained the victim from a shelter or treatment center for runaways, foster children, and the homeless, among others.

Solicitation of Prostitution

7. Homeless Camping Ban

HB 1925: Signed June 15

Camping in an unauthorized public place in Texas is now a Class C misdemeanor, punishable by up to a $500 fine. The bill effectively criminalizes homelessness. However, the law does state that an officer must make a reasonable effort to redirect homeless people to available resources, such as non-profit agencies, “before or at the time” a citation is issued. If the person is arrested or detained solely for this offense, law enforcement must also ensure all of the person’s property is preserved.
homeless camping ban

8. No Police Reality Shows

HB 54: Signed May 26

This bill prohibits a law enforcement agency from authorizing a person to accompany and film a peace officer acting in the line of duty for the purpose of producing a reality television show. It is also known as “Javier Ambler’s Law,” stemming from the death of a 40-year-old black man who was tasered by Williamson County deputies. The Javier Ambler Law bans law enforcement agencies from contracting with shows such as “COPS and “Live PD,” the latter of which captured Ambler’s deadly encounter with Williamson deputies but never aired.

9. Swatting: False Report to Induce Emergency Response

SB 1056: Signed June 18

Senate Bill 1056 makes it a Class A misdemeanor to falsely report a crime or an emergency to elicit an emergency response from law enforcement or other emergency responders. A Class A misdemeanor is punishable by up to a year in jail and a $4,000 fine. The punishment is increased to a state jail felony, punishable by six months to two years in state jail, if the defendant has been previously convicted twice of the offense. The punishment is a third-degree felony, punishable by two to 10 years in prison, if a person is seriously injured or killed as a result of the emergency response. A court can also order a defendant to make restitution or reimburse the cost of the emergency response. Learn more about pranking or swatting police.

Swatting

 

10. Sexual Assault by a Coach or Tutor

Senate Bill 1164, Signed June 16

Senate Bill 1664 expands the circumstances that constitute sexual assault by adding provisions to the definition of consent.  Sexual assault is without consent if a coach or tutor causes an individual to submit or participate by using influence or power to exploit their dependency on the actor. Additionally, if a person is a caregiver hired to assist a person with daily activities and causes a person to submit or participate by exploiting their dependence on them, sexual assault is without consent.

sexual assault by coach or tutor

 

11. Flying a Drone over Airport or Military Facility

SB 149, Signed June 14

It is now a Class B misdemeanor to operate a drone over airports and military institutions. Senate Bill 149 expanded the definition of critical infrastructure facilities to include public or private airports recognized by the FAA and military installations owned or operated by the federal or state government, or another governmental entity. A Class B misdemeanor is punishable by up to 180 days in jail and a maximum $2000 fine.

Drones

12. Reckless Driving Exhibition, Street Racing

SB 1495, Signed June 18

In an effort to cut down on dangerous reckless driving exhibitions and street racing,  lawmakers added the definition of “reckless driving exhibition” to the Penal Code and increased the penalties for people who participates in reckless driving events. Obstructing a highway or passageway by participating in a reckless driving exhibition is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4000 fine.  The penalty is increased to a state jail felony if the driver has previously been convicted of this offense; operates a vehicle while intoxicated; or causes someone to suffer bodily injury. The bill also creates the Class B misdemeanor offense of interference with a peace officer investigation of a highway racing or reckless driving exhibition.

13. False Statement to Buy a Firearm

SB 162, Signed May 30

Senate Bill 162, also known as the “Lie and Try” bill, makes it a state jail felony for a person prohibited from possessing a firearm to lie on a firearms background check form. A state jail felony is punishable by six months to two years in a state jail facility. The bill was filed in response to the 2019 Walmart Shooting in El Paso, which left 23 people dead. The Texas Safety Action Report that was written after the El Paso mass shooting stated that an estimated 100,000 people lie on firearm background checks each year.

False Statement to Buy a Firearm

 

14. Operating a Boarding Home without a License

SB 500, Signed June 14

This legislation makes it a Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine, for a person to operate a boarding home without a permit in a county or municipality that requires a permit. This law was passed in an effort to prevent abuses and ensure protection of vulnerable residents.

Boarding House

 

 

15. Harassment Expands to Social Media Posts

SB 530, Signed May 30

Senate Bill 530 updates the harassment statute and makes it a class B misdemeanor offense to harass another person by publishing repeated electronic communications on a website, including a social media platform, with the intent to harass, annoy, alarm, torment, or embarrass that person. A Class B misdemeanor is punishable by up to 180 days in jail and a maximum $2,000 fine. The penalty can go up to a Class A misdemeanor, however, if the actor has been previously convicted of the offense or if it involved a child under age 18 with the intent to cause the child serious bodily injury or to commit suicide.

16. Move Over, Slow Down for Toll Vehicles

HB 2048, Signed June 4

Current law requires drivers to move over or slow down for specific types of vehicles, such as emergency vehicles or TxDot vehicles. House Bill 2048 adds to that list by requiring drivers to vacate the lane next to, or slow down 20 mph slower than the posted speed limit, when passing a vehicle operated by a toll project entity that has certain required visual signals.

 

17. Medical Marijuana Expansion

HB 1535: Signed June 15

More Texans can now use medical marijuana. House Bill 1534 expanded Texas’ Compassionate Use Program for people suffering from certain conditions, including cancer and post-traumatic stress disorder.

 

18. Alcohol-to-Go

HB 1024: Signed May 12

Alcohol-to-go is now law in Texas. Restaurants are allowed to sell beer, wine and mixed drinks with pickup and delivery orders. Texas Gov. Greg Abbott issued an executive order to expand alcohol sales during the onset of the pandemic last year in an effort to open up a revenue stream for restaurants. Now, lawmakers have made alcohol-to-go indefinite.

 

19. Guns in Hotel Rooms

SB 20: Signed June 18

Hotel guests are now allowed to carry and store firearms and ammunition in their private hotel rooms. This new law prohibits hotels from banning firearms, however the hotel can adopt a policy requiring firearms and ammunition to be carried in a certain manner in a common area on the property.

 

20. Blood  Specimens in DWI Cases

HB 558: Signed June 18

This legislation requires automatic, mandatory blood draws for motorists who are arrested for an intoxicated offense after seriously injuring someone or causing a death. The legislation stems from the death of a pedestrian, a Denison school teacher, who was struck by a motorist whose blood was never tested. The motorist was later no-billed by a grand jury. This legislation will likely result in government overreach and a significant number of violations of the Fourth Amendment. Additionally HB 558 will result in the unnecessary suppression of evidence and a guarantee of extensive litigation in Texas’ trial and appellate courts. There is a good chance this legislation will likely be found unconstitutional on appeal. For the time being, though, it is the law.

21. Bo’s Law: Body-Worn Policy Camera Policies

HB 929, Signed June 16

House Bill 929 is also known as the “Botham Jean Act,” named after a black man who was shot and killed in his apartment by Amber Guyer, an off-duty officer who mistook him for a burglar. The new law requires officers to keep their body cameras activated during the entirety of an investigation, unless the camera has been deactivated in compliance with a police department’s specific policy.

22. Rape Kit Collection

HB 2462: Signed June 16

This law provides that a sexual assault victim is entitled to a forensic medical examination within 120 hours of the alleged offense. Law enforcement does not have the authority to decline a request. The bill also requires DPS to submit an annual report on the number of unanalyzed evidence collection kits in the tracking system to the governor and legislature and to post the report on its website.

23. Active Shooter Alert System

HB 103, Signed May 24

House Bill 103, also known as the Leilah Hernandez Act, creates an alert system to be activated on the report of an active shooter. The bill requires DPS to develop and implement the Texas Active Shooter Alert System in cooperation with TxDot, the governor’s office, and other appropriate law enforcement agencies. DPS would activate the alert system in a 50-miles radius of an active shooter’s location. The bill is named after Leilah Hernandez, a 15-year-old Odessa High School student who was the youngest victim killed in a mass shooting on Aug. 31, 2019 in Odessa and Midland.

24. Police Chokeholds

SB 69, Signed June 14

This legislation prohibits law enforcement from intentionally using a chokehold, carotid artery hold, or similar neck restraint when searching or arresting an individual unless the restraint is necessary to prevent serious bodily injury or death of the officer or another person. The bill also establishes an officer’s duty to intervene to stop or prevent another officer from using excessive force and requires officers to promptly report excessive force. This legislation was filed in response to the death of George Floyd, who is black and died after a white Minneapolis police officer kneeled on his neck for nine minutes and 29 seconds. That officer, Derek Chauvin, sentenced to more than 22 years in prison for murder.

25. Human Trafficking Awareness

HB 290, Signed May 18

This legislation imposes requirements for human trafficking awareness and prevention in commercial lodging establishments, such as hotels, motels and inns. The operator of a commercial lodging establishment must require each of its direct employees to complete an annual human trafficking awareness and prevention training program, which includes guidance on how to identify at-risk individuals and report and respond. The bill also allows officers to enter the premises to ensure compliance.

26. Asset Forfeiture Funds from Human Trafficking

HB 402, Signed June 7

House Bill 402 allows prosecutors and law enforcement agencies to use certain civil asset forfeiture funds to cover the cost of a contract with a city or county program to provide services to victims of trafficking. The funds would come from contraband that was used to commit or facilitate human trafficking offenses.

27. Officer’s Duty to Render and Request Aid in Excessive Force Incidents

SB 2212, Signed June 18

Senate Bill 2212 establishes a duty for officers to request emergency medical services and render aid to a person who is injured during the course of an officer’s duties – as long as it is safe for the officer to do so. This legislation puts more responsibility on officers in excessive force cases.

28. 9-1-1 Drug Overdose Defense

HB 1694, Signed June 16

This legislation, known as the Jessica Sosa Act, provides a defense to prosecution of certain drug offenses if the actor was the first to request emergency medical assistance in response to a possible overdose of another person, remained on the scene until medical assistance arrived, and cooperated with medics and law enforcement. The defense to prosecution would not be available if the peace officer was arresting the individual at the time, if he or she was committing another crime or have previously been convicted or placed on deferred for a drug offense.

 

 

29. Sanctuary State

HB 2622, Signed June 16

With the passage of House Bill 2622, Texas now joins the ranks of a small, but growing number, of states that have passed laws that designate them as second amendment “sanctuaries.” This legislation prevents state officials from enforcing new federal statutes, orders or rules regulating firearms, firearm accessories or firearm ammunition that don’t exist under state law. It prohibits a state agency, political subdivision, or law enforcement officer from receiving state funds if the entity contracts with or provides assistance in any way to a federal agency related to firearms registration, background checks, confiscation programs or firearm sales.

30. Silencers are Now Legal

HB 957, Signed June 15

House Bill 957 removes a firearm silencer from the list of weapons that are prohibited in Texas, so it is no longer an offense to possess a silencer. The bill also establishes that firearm suppressors that are manufactured and remain in Texas are not subject to federal law or regulation.

31. Withholding Educator’s Names Until after Indictment in Improper Educator- Student Relationship Cases

HB 246, Signed June 15

This legislation prohibits the release of the name of a school employee who is accused of an improper relationship between an educator and student until the employee is indicted for the offense. However, the bill authorizes the release of the employee’s name regardless of an indictment as necessary for the school to report or investigate the accusation.

32. No More 180 Day License Suspension for Drugs

SB 181, Signed June 14

Senate Bill 1818 revises the law that automatically suspends a person’s driver’s license for 180 days for any drug conviction, regardless of circumstances. Instead of an automatic suspension, the bill specifies that a $100 fine be imposed instead for a misdemeanor conviction. There are exceptions, however. The bill specifies that a driver’s license would be automatically suspended for 90 days if convicted of:

  • a felony drug offense;
  • or  a misdemeanor drug offense if the defendant has been previously convicted of a drug offense in the last 36 months 

33. No Parole for Continuous Trafficking

HB 465, Signed June 15

Under this statute, inmates sentenced for continuous trafficking of children are ineligible for parole unless both parties enter into an agreement at the time of trial. In that case, the defendant would have to plead guilty and the prosecutor, defendant’s attorney and defendant would have to agree in writing that the defendant would become eligible when he or she served one half of the sentence or 30 years, whichever is less. Judges, upon motion of the prosecutor, would be required to make an affirmative finding that the parties had entered into an agreement and enter the finding into the case judgement.

34. New Penalty Group for Fentanyl

SB 768, Signed June 14

This legislation puts fentanyl in a new category, Penalty Group 1-B, and increases the penalties for people convicted of manufacturing or delivering fentanyl. The penalties are:

  • less than one gram, state jail felony punishable by six months to two years in state jail and a maximum $10,000 fine;
  • 1-4 grams, second-degree felony punishable to 2 to 10 year in prison and a maximum $10,000 fine;
  • 4-200 grams, 10 years up to life in prison and a maximum $20,000 fine;
  • 200-400 grams, 15 years to up to life in prison and a maximum $200,000 fine;
  • more than 400 grams, 20 years to up to life in prison and a maximum $500,000 fine

The law also specifies that anyone convicted of the new offense for an amount more than four grams is not eligible for probation or deferred adjudication.

 

35. Texting Court Appearances

HB 4293, Signed June 15

This new law requires counties to send text messages to defendants about scheduled court appearances by 2022. The Office of Court Administration is tasked with developing and making available to each county (at no cost) a court reminder program.

36. Coverage for Prosecutors on Brady Materials?

SB 111, Signed June 14

This legislation requires a law enforcement agency filing a case with the state’s attorney to submit a written statement acknowledging that all documents, items and information in the agency’s possession that must be disclosed to the defendant have been disclosed to the state’s attorney. If the law enforcement agency discovers any additional information at any time after the case is filed, they must promptly disclose it to the prosecutor.

37. Probable Cause for Tracking Devices

SB 112, Signed June 14

Senate Bill 112 requires law enforcement to obtain a warrant to install a mobile tracking device. Applications for the warrant must be supposed by a sworn affidavit with substantial facts establishing probable cause.

38. Suspect’s Right to Record CPS Investigations and Interviews

HB 135, Signed June 16

House Bill 135 requires the Department of Family and Protective Services (DFPS)  to inform an alleged perpetrator in a child abuse or neglect investigation that the suspect has the right to record the interview, and they also have the right to request an administrative review of the departments findings after the investigation.

39. Enhanced Punishment for Offenses Against Public Servants

House Bill 624, Signed June 16

People who commit an offense against someone whom they know is a public servant or against a member of the public servant’s household or family now face increased punishment. The punishments would be increased one level, so if an offense was a Class A misdemeanor, for example, it would be elevated to a state jail felony. First-degree felonies would not be increased. The increased punishments apply to arson, criminal mischief, criminal trespass, breach of computer security, harassment, stalking, or fraudulent use of possession of identifying information.

40. Continuous Sexual Abuse Expanded to Include the Disabled

HB 375, Signed June 4

The offense of continuous sexual abuse of a young child is now extended to include disabled individuals of any age.  The offense of continuous sexual abuse of a young child or disabled individual is a first-degree felony punishable by 25 years to life in prison with no possibility for parole.

41. Enhanced Punishment for Assaulting a Process Server

HB 1306, Signed June 9

People who assault a process server while he or she is performing their job now face increased punishment. House Bill 1306 makes assault a third-degree felony (punishably by up to 10 years in prison) and aggravated assault a first-degree felony (punishable by up to life in prison) if the actor knew the person was performing a duty as a process server.

42. Destruction of ATM

SB 516, Signed June 7

It is now a third-degree felony to damage, destroy or steal an ATM machine. A third degree felony is punishable by two to 10 years in prison and maximum $10,000 fine. This legislation is an effort to deter the spike of “smash and grab” crimes involving ATM machines.

43. Early Parole for Participation in Pilot Work Program

HB 2352, Filed without Governors Signature

House Bill 2352 authorizes the parole board to grant early release to an inmate who participates in the Texas Department of Criminal Justice (TCDJ) education and vocational pilot training program. The bill requires TDCJ to annually identify at least 100 inmates who are suitable candidates for participation in the pilot program and requires the Office of Court Administration of the Texas Judicial System to develop and annually provide a training program to educate and inform judges on the components of the pilot program. The bill also removes confinement in state jail felony as a condition of probation that a judge may impose on a state jail felony defendant ordered to participate in the pilot program.

44. Professional Boards Can’t Consider Completed DFAJ

HB 757, Signed June 15

This legislation prohibits professional organizations from suspending or revoking a professional or occupational license or certificate from a person who successfully completes deferred adjudication probation and has had their case dismissed. There are exceptions, however, if the profession for which the license was sought involved direct contact with children or if the offense:

  • was the list of offenses in Code of Criminal Procedure art. 42A.054 for which judges cannot order community supervision;
  • was listed as a reportable conviction or sexually violent offense under the state’s sex offender registry;
  • involved certain other sex offenses or public indecency;
  • or was related to the activity or conduct for which the person sought or held the license.

45. Street Racing Seizure Law

HB 2315, Signed June 15

Under House Bill 2315, vehicles that are used in street racing offenses are now subject to seizure and civil asset forfeiture. Lawmakers passed this bill in an effort to deter dangerous street racing, which has grown in popularity.

46. Drone Policy for Law Enforcement

HB 1758, Filed without the Governor’s Signature

This legislation mandates that law enforcement agencies adopt a written policy detailing the agency’s use of force by a drone and submit it to the Texas Commission on Law Enforcement every two years. The bill also limits the circumstances under which the use of force by a drone is justified.

Thanks for checking out our 2021 legislative update. Feel free to share this information and tells us your thoughts on Texas’ new criminal justice laws.

The post New Criminal Laws in Texas | 2021 Legislative Update | 87th Legislature appeared first on Varghese Summersett PLLC.

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Street Racing is Illegal in Texas

Street racing is illegal in Texas, but what charges drivers face depends on the facts and circumstances. Street racing can be charged as “racing on a highway” or “reckless driving.” If someone is injured or dies during a street race, more serious charges can be filed. In this article, we will discuss why and how street racing is illegal in Texas.

Street Racing in Texas: Law Enforcement Attention

Fort Worth, Texas, is home to the Texas Motor Speedway, one of the premier NASCAR racing destinations in the country. While the city has a love for loud and fast cars, there has also been a recent phenomenon of dangerous and illegal street racing activity. Street racing in North Texas has doubled from 2019 to 2020 due to the pandemic, which has resulted in deaths, serious injuries, and countless arrests and vehicle impounds. As a result,  street racing and stunting has become a focus for law enforcement, who are now also cracking down on street racing spectators.

Street Racing Prosecutions in Texas

Racing on a Highway

Class B Misdemeanors in Texas

Class B Misdemeanors in Texas

Racing on a highway is made illegal under Texas Transportation Code 545.420. In this section, a street race is defined as the use of one or more vehicles in an attempt to:

  • Outgain or outdistance another vehicle or prevent another vehicle from passing;
  • Arrive at a given destination ahead of another vehicle or vehicles; or
  • Test the physical stamina or endurance of an operator over a long-distance driving route.

The law also covers drag racing or acceleration contests, as well as any vehicle speed competition or contest. If someone is found guilty of street racing for the first time, they could face a Class B misdemeanor which is punishable by up to 180 days in jail and $2,000 in fines.

Penalties increase for those previously convicted of street racing or if an injury occurs. Street racers face a Class A misdemeanor if they have previously been convicted once of street racing, or if they were intoxicated or had any open containers during the time of racing. A Class A misdemeanor in Texas is punishable by up to a year in jail and $4,000 in fines. If an alleged offender has been convicted twice of street racing, they can face a State Jail Felony, which is punishable by 180 days to two years in a state jail facility and a maximum $10,000 fine.

Any street racing incident can be upgraded to a felony if an injury occurred. If any individual suffers a bodily injury as a result of the street racing, offenders face a Third-Degree Felony which is punishable from 2 to 10 years in prison and up to a $10,000 fine. If an individual suffers seriously bodily injury or death, the offense can be upgraded to a Second-Degree Felony,  punishable by 2 to 20 years in prison and up to a $10,000 fine.

Along with jail time and fines, street racers also face the possibility of a suspended driver’s license for one year. In order to regain a license, they must complete 10 hours of community service as required by the Texas Transportation Code. Those caught driving with a suspended license will have a one-year suspension placed at the date they were caught and jeopardize the possibility of having their license reinstated early. Furthermore, vehicles can be seized from alleged street racers if any property damage or personal injury occurred during the crime.

Reckless Driving

Reckless driving is another charge that can be applied to street racers. Under the Texas Transportation Code, a person is guilty of reckless driving if they drive a vehicle in willful or wanton disregard for the safety of persons or property. In simpler terms, any driving activity that creates a deliberate or conscious indifference to the safety of others is considered reckless driving. Reckless driving is a misdemeanor that is punishable by up to 30 days in jail and $200 in fines.

Obstructing a Highway or Passageway

In 2021, Senate Bill 1495 was passed, which enhanced the penalty for obstructing a highway or passageway from a Class B misdemeanor to a Class A misdemeanor for an individual who engages in a reckless driving exhibition. The bill enhances the penalty to a state jail felony for person who has previously been convicted of this offense; a person who operates a vehicle while intoxicated; or who causes someone to suffer bodily injury. The bill also created the Class B misdemeanor offense of interference with a peace officer investigation of a highway racing or reckless driving exhibition. A Class A misdemeanor is punishable by up to a year in jail and a maximum $4,000 fine.

Manslaughter

Manslaughter is another, extremely serious crime that can be charged if the driver recklessly causes the death of another individual. A manslaughter charge is a second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine. In order to be guilty of manslaughter, prosecutors must show that the alleged offender was aware of the risks that could occur but consciously disregarded them.

How Common is Street Racing in North Texas?

Street Racing is a relatively common occurrence in North Texas and has been growing in popularity recently with its growing social media presence and spectator participation. While it is hard to separate street racing deaths and injuries from other incidents, Dallas police have reported over 14,000 citations for street racing in 2020 and an additional 612 citations for spectators of street racing. They also report having made 1,196 arrests and 659 impounds. This is more than double the previous year, suggesting the pandemic has increased the amount of street racing in Texas. Street racing is also a common occurrence in Fort Worth, prompting 1,800 Fort Worth residents to sign a petition in November of 2020 advocating for police to address the problem. Residents note that the Summer Creek area in southwest Fort Worth is a particular problem area for street racing.

Can you get in Trouble for Watching Street Racing?

Yes, in certain cities – including Fort Worth. In April 2021, Fort Worth passed a new city ordinance making it illegal to watch a street race. According to the ordinance, any person present as a spectator at a street race or reckless driving exhibition can face up to $500 in fines. This new law was passed in an effort to curb the amount of street racing in Fort Worth, as spectators are a large draw for street racers and stunting.

How are Officials Cracking Down on Street Racing?

In Fort Worth and North Texas, numerous measures have taken place to crack down on street racing. One of the most effective has been the deployment of unmarked police cars, which have been able to infiltrate and stop street racing events. Further, cameras have been installed in areas notorious for street racing in order to identify suspects and deter others from racing. Along with installing speed bumps and LIDAR detectors,  Fort Worth police have also set up areas for marked police cars to station in order to deter street racing events.

In Dallas, police are suggesting an alteration to the actual road system known as “Operation Road Diet.” Under this plan, police suggest that restricting the use of street lanes and opening them up only to pedestrian walk-lanes and bike lanes could curb dangerous driving. In DeSoto, police have been using aerial drones in order to identify street racing suspects and deter others from participating. With the growing number of street racing, as well as the outcry from city residents, many North Texas cities have also been implementing laws that crackdown on racing events, such as Fort Worth’s spectator law.

Arrested for Street Racing or Stunting? Contact Us.

If you or a loved one has been charged with street racing or stunting, serious consequences can occur which require immediate action. The attorneys at Varghese Summersett have years of experience as both criminal prosecutors and defense attorneys, giving them expert knowledge of how Texas criminal courts operate. Along with hundreds of jury trials, the street racing attorneys at Varghese Summersett are known for relentless defense and favorable results. Call our street racing attorneys today to develop a legal plan of action.

The post Is Street Racing Illegal in Texas? appeared first on Varghese Summersett PLLC.

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Hate Crimes on Rise

Hate crimes are soaring across the United States, reaching their highest level in more than a decade. It seems that every day, a new crime occurs against a group of people because of their status –  whether it’s race, religion, sexuality, etc.

With hate crimes on the rise over the past few decades, states across the country as well as the federal government have been updating and expanding their hate crime laws. Today, there are numerous federal laws criminally charging hate crimes, and Texas itself has recently updated its hate crime laws to protect many minority groups. In this article, the attorneys at Varghese Summersett will explain the elements of a hate crime, how they are charged in Texas and in the federal courts, and potential punishments.

What is a Hate Crime in Texas?

A hate crime is a crime that was committed because of a certain characteristic of the victim. In Texas, a hate crime occurs when a person intentionally chooses to commit a crime against the victim because of their:

  • Race
  • Color
  • Disability
  • Religion
  • National Origin
  • Age
  • Gender
  • or Sexuality

The FBI, which handles hate crimes at the federal level, also uses similar distinctions to define a hate crime. Essentially, any crime that is motivated by prejudice toward an individual’s status – such as assaulting someone because of their race or shooting someone because of their sexual preferences  –  can be elevated to a hate crime. People who are charged with a hate crime face harsher punishment.

When Does a Crime Become a Hate Crime in Texas?

In Texas, crimes against people, arson, graffiti, and criminal mischief can be elevated to a hate crime if investigators determine hatred or prejudice was the clear motivation to commit the crime. Under the Texas Hate Crimes Act, a hate crime is defined as any crime motivated by “prejudice, hatred, or advocacy of violence.”  Explicit motivation must be found showing the defendant committed the crime due to a hatred or prejudice toward the victim because of the victim’s status.

What is the Punishment for a Texas Hate Crime?

Defendants accused of a hate crime face enhanced punishments in Texas, but this enhancement only applies to certain offenses. Pursuant to Code of Criminal Procedure Article 42.014, if someone commits a crime against a person, arson, graffiti, or criminal mischief, an affirmative finding must be made that the offense was committed because of bias or prejudice against a group identified by race, color, disability, religion, national origin, age, gender, sexual preference, or because the victim was a peace officer or judge. This affirmative finding will increase the punishment level by one degree (other than Class A misdemeanors, which has an enhancement on the minimum punishment.)  First degree felonies are excluded.

Put simply, if a crime is prosecuted as a hate crime, the penalty range is usually elevated to the next higher category, as outlined in Texas Penal Code 12.47, which sets the punishments for hate crimes. For instance, if a Class C misdemeanor criminal mischief case was shown to have taken place because of hatred toward the victim’s race, the crime would be elevated to a Class B misdemeanor. There are a few exceptions to this rule, however. First, a Class A misdemeanor will not be enhanced to a felony, but rather the minimum time of confinement in jail is increased to 180 days. Second, a first degree felony cannot be upgraded because it already carries a punishment of up to life in prison.

When Does a Crime Become a Federal Hate Crime?

While most crimes in the United States are handled by the state courts, federal prosecutors can choose to prosecute a hate crime, especially if the circumstances are extraordinary. There are numerous federal laws regarding hate crimes on the books, including the Civil Rights Act of 1968, the Violent Crime Control and Law Enforcement Act of 1994 and the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009. The federal government’s definition of a hate crime is quite similar to Texas law. While initially hate crimes were only considered under the categories of race, color, religion, or ethnicity, the 2009 Hate Crimes Prevention Act expanded the categories of hate crimes to include disability, gender, and LGBTQ identities.

What is the Punishment for a Federal Hate Crime?

The punishments for a federal hate crime are listed under 18 U.S. Code 249. Anyone found to be guilty of causing bodily injury or attempting to cause bodily injury to another person because of their race, color, religion, ethnicity, gender, sexuality, or disability, can be imprisoned up to 10 years and fined. If the hate crime results in the death of the victim, attempt to kill the victim, or involves kidnapping, attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, the alleged offender could face up to life in prison and fines.

What’s the Difference Between a Hate Crime and Hate Speech?

While hate speech is offensive toward people and meant to be that way, there is no law that makes hate speech illegal in the United States. Under the First Amendment, Americans are protected to say just about anything they want, as long as it does not incite violence. The Supreme Court has agreed with this numerous times, such as in Brandenburg v. Ohio (1969), where the Court ruled that it was perfectly fine for a Ku Klux Klan member to use speech that promoted violence in general, unless the speech directed people to take unlawful action immediately. Furthermore, the infamous Westboro Baptist Church was found to be protected under the First Amendment in Snyder v. Phelps (2011), even though they are well-known to picket funerals of military members and use derogatory language towards individuals identifying as a member of the LGBTQ community. Based on the law and previous rulings, hate speech can only be considered a crime if it specifically incites immediate violence toward an individual or group because of their status.

Are Hate Crimes on the Rise?

Hate crimes have been and continue to increase. Based on the most recent data from the FBI’s 2019 Hate Crime Statistics Report, hate crimes rose 3 percent in 2019, with 7,314 hate crimes being recorded. This is the highest total since 2018. More specifically, there were 51 hate crime murders reported in 2019, the highest total since data collection began in 1991. Further, hate crimes rose for pretty much every minority group, with hate crimes toward Hispanics increasing 9 percent, crimes against Jews increasing 14 percent, and crimes against transgender individuals rising by 18 percent. Although recently hate crimes have decreased, likely due to the Covid-19 pandemic, hate crimes toward Asians have increased 149 percent from 2019 to 2020, according to The Center for the Study of Hate and Extremism at California State University.

What are Some Examples of Hate Crime Arrests?

One of the most recent and infamous hate crimes to occur in Texas was the 2019 El Paso Shooting, in which 23 individuals were killed and another 23 injured when a gunman opened fire at an El Paso Walmart. The gunman specifically targeted Hispanic people and was charged with 22 counts of committing a hate crime resulting in death, among other charges.

Although the El Paso Shooting seems like a rather extreme example of a hate crime, there are many hate crimes that occur every day that do not receive national media attention. For example, in 2019, police were investigating a shooting as a hate crime after a Dallas man shot and severely injuring a transgender woman while shouting slurs. That same year, San Antonio police were investigating a possible hate crime at a local church after it was vandalized with satanic symbols and profanity on Christmas Eve.

How Common are Texas’ Hate Crimes?

In 2019 alone, the FBI reported that there were 456 hate crime incidents in the state of Texas. Of that number, 15 were reported in Fort Worth – including eight because of race, two because of religion, and five because of the victim’s sexual orientation. Cities surrounding Fort Worth also reported high numbers of hate crimes that year, with Arlington totaling 16, North Richland Hills reporting 4, and Dallas reporting 30.

Accused of a Hate Crime? Call Us.

Being accused of a hate crime is a serious accusation that, if convicted, can carry substantial prison time and hefty fines. It is critical that you get experienced legal representation as soon as possible when facing such a serious charge. We can help. The team of hate crime attorneys at Varghese Summersett have a reputation for relentless, aggressive representation. Call today for a complimentary consultation with a member of our team.

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A quick google search of ‘deepfake’ will bring up hilariously entertaining videos of celebrities and public figures such as Barak Obama, Donald Trump, and Nicolas Cage doing and saying out-of-character things.

But Deepfakes — an artificially created false media made to look hyper-realistic — are expanding past mere entertainment and entering into criminal territory. Recently, a mother from Pennsylvania used the cutting-edge technology in an attempt to get her daughter’s cheerleading rivals kicked off the team.

Seeing the potential threat that deepfake poses to our perception of reality, Texas lawmakers became the first state to pass a law criminalizing deepfakes.

This new era of media tampering is bringing up many questions. Here’s a look at the most current answers to questions about deepfakes in Texas. 

What is a Deepfake?

Deepfake, a combination of the terms “deep learning” and “fake,” is a video, image, or voice recording of a person in which their voice, face, or body has been digitally altered so that they appear to be someone else.

Deepfake creators use technology called deep learning, an artificial intelligence (AI) function that learns through artificial neural networks, to make videos and images.

Is it Illegal to Make a Deepfake in Texas?

It can be, if it is politically motivated to sabotage a candidate or election. On September 1, 2019, Texas became the first state in the country to pass a law prohibiting the creation and distribution of videos intended to harm candidates for public office or influence elections.  The law, which was introduced as TX SB751, states that:

A person commits an offense if he or she with intent to injure a candidate or influence the result of an election:

                 (1)  creates a deep fake video; and

                 (2)  causes the deep fake video to be published or distributed within 30 days of an election.

The law states that a “deep fake video” means a video created with artificial intelligence that, with the intent to deceive, appears to depict a real person performing an action that did not occur in reality, 

What Other Crimes Can Stem from Deepfakes in Texas?

While there is only one law that specifically criminalizes deepfakes in Texas, there are other charges that can apply to deepfake creators. Below are some examples of how a deepfake could land you in deep trouble:

  • Cyberbullying: a deepfake that is electronically communicated to bully, intimidate, shame, or threaten a person
  • Extortion: a deepfake used to pressure someone to pay money to have it suppressed or destroyed
  • Harassment: a deepfake used to persistently and wrongfully abuse, insult, offend, or intimidate.
  • Revenge Porn: a deepfake containing sexually explicit images or videos of a person that is circulated without the consent of the subject in order to cause them distress or embarrassment. While it deepfakes won’t qualify as revenge porn in Texas as it stands today, you should expect that could change in the years to come. Other jurisdictions are already confronting this issue.

What are Possible Punishments for People Accused of Deepfakes in Texas?

  • Political Deepfakes (TXSB751): Class A misdemeanor punishable by up to a year in jail and fines up to $4,000.
  • Cyberbullying: Class B misdemeanor punishable by up to 180 days in jail and fines up to $2,000
  • Extortion: The punishment for an extortion conviction depends on the value of the money or property involved. The greater the value of the goods extorted, the harsher the penalty. For more information on extortion penalties click here
  • Harassment: Harassment cases are generally Class B misdemeanors, but if you have been convicted of a harassment case in the past, then the offense will be enhanced to a Class A misdemeanor. 

How Can You Spot a Deepfake?

Spotting a deepfake is getting increasingly more difficult, but there are some key things to look out for when trying to determine reality from manufactured media. They include:

  • Strange or no blinking
  • Uneven or splotchy skin tone
  • Bad lip synching
  • Inconsistencies in fine details such as hair and jewelry 

Facing Deepfake Charges in Texas? Contact Us

If you or a loved one is facing a charge pertaining to the creation or distribution of a deepfake, then it is crucial to speak to an experienced criminal defense attorney as soon as possible. Call 817-203-2220 for a free consultation with a member of our team.

The post Deepfakes in Texas: What Are They and Are They Illegal? appeared first on Varghese Summersett PLLC.

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February 8, 2021

FORT WORTH, TX – Police in Sansom Park have arrested three people over a fatal stabbing that occurred outside of a Sansom Park bar in late October.

According to NBC DFW, 29-year-old Chris Johnson died shortly after midnight on Saturday, Oct. 24, 2020, following an altercation at the 8 Ball Billiards and Bar near Jacksboro Highway.

Johnson’s girlfriend told police he got into an argument with one of the suspects before leaving the bar and was stabbed in the back on the way out. He was taken to a local hospital, where he was pronounced dead.

The three men were taken into custody on Monday, February 8th. They are all being held at the Tarrant County Jail on a $1,000,000 bond.

The post News: 3 suspects arrested in connection to fatal Sansom Park stabbing appeared first on Varghese Summersett PLLC.

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Looking for the latest crime and courts news? The VS News Desk keeps you current on the headlines, which are delivered by the defense attorneys at Varghese Summersett.

Texas Criminal Defense Lawyers Association Asks Governor to Veto Blood Draw Bill

In a rare but bold move, the Texas Criminal Defense Lawyers Association is asking the governor to veto House Bill 558, which seeks to increase the number of involuntary blood draws in alleged intoxication cases. Attorney Anna Summersett offers insights on the proposed legislation.

 


Twists, Turns Mark Robert Durst Murder Trial

Last week, the murder trial of Robert Durst resumed in Los Angeles after a 14-month suspension due to the pandemic. And true to form, it hasn’t disappointed. Attorney Anna Summersett brings us up to speed.


No Charges for Man Who Caused Shooting Scare at Dallas Mall

A man who used his skateboard to create panic at a Dallas Mall on Memorial Day, leading to a shooting scare, will not face charges. Attorney Anna Summersett discusses the case.


Bail Bill Dies Due to Walk Out

A priority bill that would have made it harder for people to bond out of jail without cash died on Sunday after House Democrats walked out of the chamber to block the passage of a different GOP priority voting bill. Attorney Anna Summersett explains what happened.


TABC Ramping Up Undercover Stings

The Texas Alcoholic Beverage Commission announced yesterday that they are ramping up undercover stings to stop alcohol sales to minors. So what does this mean for retailers who sell alcohol and what happens if you get caught providing alcohol to a minor?


Texas ‘Constitutional Carry’ on Verge of Becoming Law

The Texas Legislature has given the green light to a proposed bill that would allow citizens to carry handguns in Texas without a permit. Attorney Anna Summersett discusses the so-called “Constitutional Carry” bill.

 


Child Killed in Road Rage Shooting

The mother of a 6-year-old boy is speaking out after her son was fatally shot in an apparent road rage incident in California. Attorney Anna Summersett discusses road rage and how the law applies in Texas.


Fort Worth Man Becomes State’s First Execution in 10 Months

A Fort Worth man was executed last night, becoming the first inmate put to death in Texas since July 2020. He was only the third inmate executed in the Lone Star state since the pandemic swept the U.S. Attorney Anna Summersett discusses the case and the state of the death penalty in Tarrant County and Texas.


Air Conditioning in Texas Prisons?

In the last decade, at least 13 men have died of heat stroke while incarcerated in Texas prisons, which don’t have air conditioning. Last week, the Texas House passed a bill that would require Texas lockups to be cooled at an estimated cost of $300 million. Attorney Anna Summersett discusses prison conditions and whether no air conditioning is cruel and unusual punishment.


Overserved? New TABC Unit Traces Alcohol Consumption to Source

The Texas Alcoholic Beverage Commission has launched a new unit that traces alcohol consumption back to its source in DWI cases involving injury or death. The Target Responsibility for Alcohol-Connected Emergency Unit, or TRACE, started this year and is made up of 10 investigators who determine where drunken drivers consumed alcohol and if they were over-served. Defense Attorney Anna Summersett discusses what kind of impact this new unit could have on bars and restaurants in Texas and on intoxication cases.


Prosecutorial Power and Wrongful Convictions

This week a Fort Worth man walked out of jail a free man after spending 24 years in prison after being over-charged and over-sentenced. Attorney Anna Summersett discusses the case and the tremendous power that prosecutors have in deciding whether or not to bring criminal charges against someone and what those charges and enhancements should be.

 


Tarrant Plans to Open Mental Health Diversion Center

Tarrant County will soon have a mental health diversion center to avoid jailing people who suffer from mental illness and are charged with low-level crimes. The County Judge has said that he would like the center to be open by October 1. In today’s VS News Desk, criminal defense attorney Anna Summer discusses why a mental health diversion center is a great idea.

 


Texas Gov. Abbott: ‘Broken Bail System?’

A controversial bill that would alter the way criminal defendants are released from jail is scheduled to be debated today on the floor of the Texas House. House Joint Resolution 4 would authorize magistrates and judges to deny bail for people accused of violent offenses. Attorney Anna Summersett explains how the bail system works and how this proposed legislation would make bad law.


‘Permitless Carry’ in Texas: Perspectives and Pitfalls from a Defense Attorney

Last week, the Texas Senate passed a ‘permitless carry’ bill that would allow Texans to carry a handgun without a license. The governor has previously state that if the bill makes it to his desk, he will sign it into law. So what kind of impact will this legislation have in Texas? Attorney Anna Summersett discusses the proposed law and gives some perspective and pitfalls you may not have considered.


Juror Misconduct in Chauvin Murder Trial?

There has been plenty of twists and turns in the Derek Chauvin murder case and, this week, there was another big one.

A photo has surfaced showing a juror in the Derek Chauvin murder trial at a rally wearing a Black Lives Matter hat and a shirt that reads, “Get Your Knees Off Our Necks.” Does this mean he was impartial? Will it change the outcome?

Attorney Anna Summersett shares some her thoughts in today’s VS News Desk.

 


Granbury Mayor Charged with Felony DWI

On Monday, Hood County prosecutors upgraded the misdemeanor DWI charge against Granbury’s mayor to a felony after learning he had two prior convictions for drunken driving.

Mayor Nin Hulett was arrested on April 25 following a traffic stop by police in Granbury. He was initially charged with DWI, a class B misdemeanor.

On Monday, that charge was upgraded to DWI Felony Repetition after police and prosecutors confirmed he had been twice before convicted of driving while intoxicated – including in Fort Worth  in 2007 and in Missouri in 1999.

In Texas, a third DWI is a felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine. Under Texas law, it does not matter how far in the past or where the previous DWIs occurred.

For example, the mayor’s first conviction was reportedly more than 20 year ago in Missouri. The second conviction is more than 13 years old in Texas.

The state can use those convictions – even though one is decades old and from another state – to enhance his most recent DWI charge.

It’s also important to point out that the priors must be convictions – not just arrests – before they can be used to enhance the charge. In this case, law enforcement are reporting that the mayor was previously convicted of DWI.

The mayor is currently free after posting bond.


Alcohol To-Go Heads to Texas Governor’s Desk

The Texas Senate passed a measure last week allowing Texans to permanently purchase alcohol to-go from restaurants.

House Bill 1024, which cleared the lower chamber last month, would allow beer, wine and mixed drinks to be included in pickup and delivery orders, including from third-party companies like Grubhub and Door Dash.

The new, permanent alcohol to-go option is an effort to boost the restaurant industry that was devastated during the pandemic. Last March, Gov. Greg Abbott signed a waiver allowing restaurants and some bars to sell alcohol-to-go and has continued to extend it.

Now, lawmakers stepped in and made it permanent.

The legislation – which was filed by state Representative Charlie Geren, a restaurant owner in Fort Worth – was approved in an almost unanimous vote.

The Governor has said that if the bill makes it to his desk, he will sign it. The Texas Alcoholic Beverage Commission reported yesterday that they expect the signature within the next 10 days. HB1024 will become law immediately.

It’s important to point out that the proposed legislation does not change Texas’ open container laws.  The to-go beverages must be sealed in their original manufacturer-sealed container or in a tamper-proof container labeled with the business name. The beverage also cannot be transported in the passenger area of a vehicle.


Texas House Passes Bill Requiring Judges to Vet Jailhouse Informants

Last week, the Texas House passed a bill that would require judges to review the reliability and credibility of a jailhouse informant before allowing the inmate to testify during a trial. The bill – dubbed the John Nolley Act –  aims to prevent false informant testimony and stems from a Tarrant County wrongful murder conviction.

On Tuesday, lawmakers passed House Bill 2631, which would require a judge to hold pre-trial hearings to review a jailhouse informant’s testimony before it is presented in court in serious cases. It would also require judges to issue cautionary jury instructions if the testimony is admitted.

The bill has numerous sponsors, but its main author is State Rep. Matt Krause, of Fort Worth. It was approved by 143 of the 150 members of the Texas House last week.

The bill aims to prevent wrongful convictions that stem from the erroneous testimony of jail house informants.

One of those wrongfully convicted was John Nolley. He was convicted of murder in 1996 in the death of his friend, Sharon McLane, who was found stabbed 57 times. During his trial, prosecutors presented no direct evidence or forensic evidence. He was convicted on the testimony of a jailhouse informant who lied.

Nolley was later exonerated after spending 19 years behind bars. He has become the face and name behind House Bill 2631.

Officials said more than a dozen Texans have been wrongfully convicted due to bogus testimony of jail inmates hoping for leniency.

Recently, a former Dallas police officer was arrested and accused of ordering two murders in 2017 based, in part, on the testimony of a prison inmate serving time for murder. A judge ordered the officer’s release, citing no probable cause to proceed on capital murder charges.

House Bill 2631 will now be taken up by the Texas Senate. If passed, it will take effect September 1.


Texas Senate Passes Bill Making Transgender Treatment Child Abuse

The Texas Senate passed a bill this week that would make it child abuse for parents to allow transgender children to get gender transitioning treatment or undergo a sex change before age 18.

On Tuesday, lawmakers passed Senate Bill 1646, which would prohibit parents from providing puberty-blocking medication, hormone therapy or surgery to a transgender child while they are a minor. The bill is one of the Legislature’s attempts to prevent children from transitioning before their 18th birthday.

The bill, which was authored by Lubbock Republican Senator Charles Perry, passed in an 18-12 vote that was sharply divided along party lines.

In a Senate committee hearing, there was more than 4 1/2 hours of public testimony by LGBTQ Texans, their parents, and several state and national medical associations.

Opponents of the bill say it intrudes into intimate medical decisions.

Proponents of the bill say it is necessary to prevent children from making irreversible decisions they may regret later.

Parents who break the proposed law would be in violation of the state’s Family Code, which would trigger an investigation by Child Protective Services, resulting in the possible removal of the child from their home.

Doctors who perform sex change treatments would also be accused of child abuse, which could lead to a license investigation by the Texas Medical Board.

The bill now goes to the House, where its chances are unclear.


Tarrant County Defense Lawyers Calling for Investigation into Medical Examiner’s Office

The Tarrant County Criminal Defense Lawyer’s Association is demanding an independent investigation into the medical examiner’s office in light of autopsy mistakes in dozens of homicide cases and false or misleading testimony in a death penalty case.

Benson Varghese, President of TCCDLA, presented a resolution to the Tarrant County Commissioners Court on Tuesday during its weekly meeting.

The resolution, which has been passed by the TCCDLA Board, calls for an “independent investigation into the Tarrant County Medical Examiner’s Office and an external audit of the work performed by Tarrant County Medical Examiner Nizam Peerwani and Deputy Medical Examiner Marc Krouse.”

It also calls upon the Court to consider whether Dr. Peerwani should continue as the Tarrant County Medical Examiner.

The resolution lays out the numerous issues that have defense lawyers in Tarrant County concerned including:

  • In March 2021, a Tarrant County District Court judge found that Chief Medical Examiner Dr. Peerwani provided false, inaccurate, and misleading testimony in a death penalty case in 2006.
  • That same month Dr. Peerwani’s Deputy Chief Medical Examiner, Dr. Marc Krouse, was suspended from performing autopsies in homicide cases due to serious professional deficiencies. Krouse was found to have made at least 59 errors in homicide autopsies over a 10-month period. In one of the cases, a body had to be exhumed as a result of Krouse missing a bullet.

During the Commissioner’s Court meeting, Varghese provided materials to the County Judge, Commissioners Court, and District Attorney. The Medical Examiner is appointed by the Tarrant County Commissioners Court and taxpayers pay nearly $11 million annually for its services.

Varghese told the Court that they want a thorough investigation into Dr. Peerwani’s administration and that a retirement or resignation is not sufficient.


Tesla Facing Questions after Two Killed in Driverless Crash

The National Highway Traffic Safety Administration has launched an investigation into Tesla following what is believed to be driverless crash earlier this month that left two people dead in a Houston suburb.

Telsa executives deny that autopilot was activated and contend that someone must have been in the driver’s seat.

Just before midnight on Saturday, April 17, two men were killed after the 2019 Tesla S they were riding in crashed into a tree and burst into flames near the Woodlands, about 30 minutes north of downtown Houston.

The crash made national headlines because officials said they were certain no one was in the driver’s seat at the time of the wreck.

One of the men was found in the front passenger side of the vehicle; the other was found in the backseat.

The crash is under investigation by the NHTSA and the NTSB who are trying to determine what caused the crash and if autopilot or full self- driving modes were involved.

Tesla owner, Elan Musk, and top executives are firing back. Musk said data logs recovered so far show the autopilot was not enabled. He said the media should be “ashamed” for saying otherwise.

Yesterday, top executives took it a step further and said the steering wheel was deformed and seat-belts were unbuckled, leading them to conclude someone was in the driver’s seat.

Officials are serving search warrants on Tesla to obtain and secure data from the vehicle. The NTSA has launched more than two dozen investigations into Tesla vehicle crashes.

Stay tuned. This one is worth watching.


Ghislaine Maxwell Pleads Not Guilty to New Sex Trafficking Charges

British Socialite Ghislaine Maxwell has pleaded not guilty to new federal sex trafficking charges accusing her of helping the late Jeffrey Epstein sexually abuse a fourth victim.

Ghilsane Maxwell appeared in a Manhattan federal court on Friday for the first time since her arrest last summer. During the brief hearing, she pleaded not guilty to a new sex trafficking conspiracy charge and an additional sex trafficking charge.

The charges have been included in an eight-count indictment that was unveiled on March 29.

The new charges allege she recruited and groomed a 14-year-old girl to engage in sex acts with Epstein.

Maxwell previously pleaded not guilty to charges she helped Epstein groom three other girls for him to sexually abuse. She also has pleaded not guilty to two perjury counts.

Epstein, 66, was found hanged in a Manhattan jail cell in August 2019, one month after he was arrested on sex trafficking charges.

Maxwell’s trial is scheduled for July 12, but her attorneys have asked for a delay in light of the new charges and more than 3 million pages of discovery that have been turned over.

The lawyers have also cast doubt on whether she can get a fair trial, saying she is being treated as a monster in the media due to the so-called “Epstein Effect.”

Maxwell faces up to 80 years in prison if convicted of all charges.

The judge has not said whether or not she will delay the trial.


Fort Worth Makes it a Crime to Watch Illegal Street Races, Stunting

The Fort Worth City Council has approved an ordinance that makes it a crime to gather to watch an illegal street race or stunts.

The ordinance makes it illegal for people to gather, watch, support or take pictures and videos of street racing or stunting in the city.

Violators of the ordinance face a fine of up to $500.

Texas already criminalizes illegal street racing through the offenses of racing on a highway and reckless driving, but no state statute prohibits spectators from watching an illegal street race.

Racing on a highway is generally a Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine. Reckless driving is punishable by up to 30 days in jail and up to a $200 fine.

The Fort Worth Police Chief said the new ordinance will hopefully deter people from attending races in the first place, which will lead to fewer races.

The new ordinance was passed in response to a rash of deaths last year due to illegal street racing.

Fort Worth Police have reportedly fielded more than 2,500 calls over the past 17 months related to street racing or reckless driving stunts. Dallas also has a problem and established a street racing task force.

The Fort Worth Police Chief said the new ordinance will enable officers to track down and issue tickets to participants after the race. The department plans to identify spectators through social media posts and security cameras.

The new ordinance takes effect immediately.


Derek Chauvin Conviction: What Happens Next?

Jurors deliberated a little over 10 hours on Monday and Tuesday before finding Derek Chauvin guilty of all counts in George Floyd’s death.

The former Minneapolis police officer was convicted of second degree murder, third-degree murder and manslaughter.

After the verdict, Chauvin – who has been out on a bail – was taken into custody. He will now await sentencing while in jail.

Chauvin is expected to be sentenced in the next eight weeks. His sentence will be decided solely by Judge Peter Cahill, the judge who presided over his trial, because Chavin waived his right to have a jury decide his sentence.

He could face up to 40-years in prison for second-degree murder, up to 25-years for third-degree murder and up to 10 years for manslaughter.

Under Minnesota’s sentencing guidelines, the recommendation for a person with no criminal record is about 12. 5 years in prison for each murder charge and about 10 years for the manslaughter charge. Prosecutors are expected to ask for a tougher sentence, however.

Offenses and criminal penalties vary from state to state. In Texas, for example, Chauvin would have likely faced charges of murder, manslaughter and criminally negligent homicide. A murder conviction in Texas carries a maximum life sentence.

As for the three other officers facing charges in Floyd’s death?

They are expected to be tried together this summer with aiding and abetting murder and aiding and abetting manslaughter.


Texas House Passes “Constitutional Carry” Bill


Last week, members of the Texas House of Representatives passed House Bill 1927, which allows citizens over the age of 21 to carry a handgun without a license –  a win for gun activists but a blow for many state Democrats and gun-reform advocates.

Texas law currently requires citizens to obtain a license to carry in order to carry a handgun openly or concealed. If passed into law, the new bill would remove that restriction, allowing Texans to carry guns without having to pass a background check or go through training.

Texas would become the 14th state to implement such a law.

Supporters of permitless carry, including gun rights groups and conservative Republicans, contend that the measure simply allows Texans to exercise rights guaranteed under the Second Amendment.

Democrats, joined by some law enforcement officers and faith leaders, argue against the legislation, citing the need for stricter gun safety measures following the 2019 mass shootings in El Paso and Midland-Odessa.

The bill, spearheaded by state Rep. Matt Schaefer, comes in the wake of at least 45 mass shootings in the past month, including three in Texas alone. The bill passed the Texas House just hours after a deadly mass shooting at a Fed-Ex facility in Indianapolis killed at least eight people.

The “Constitutional Carry” bill now moves to the Senate, where its prospects are uncertain.

Meanwhile, Texas republicans are also vowing to defy any new federal gun rules. They are pushing to make Texas a “Second Amendment” sanctuary state.

There’s a lot to follow locally and nationally. We’ll be watching all fronts.


Officer Charged with Manslaughter in Daunte Wright Fatal Shooting

The Minnesota police officer who fatally shot Daunte Wright, a 20-year-old Black man, after reportedly mistaking her handgun for her taser has been charged with second-degree manslaughter.

While it is rare for police to mistake their sidearms for stun guns, it’s even rarer for charges to be brought against them.

Officer Kimberly Pott was arrested on Wednesday, one day after she and her police chief resigned from the Brooklyn Center Police Department, a Minneapolis suburb. She is free after posting $100,000 bond and is expected to appear in court today.

Officials said Potter, who is white, shot and killed Daunte Wright – a 20-year-old black man – during a traffic stop on Sunday night after she drew and fired her gun instead of her taser.

Potter, a 26 year veteran officer, was training a younger officer when they pulled Wright over for expired registration. When officers found Wright had a warrant out for failing to appear in court on a gun charge, they attempted to handcuff him outside his car. He twisted away to get back in his car.

In body-camera footage, Potter warned that she would use a stun gun on Wright and then shouted “Taser!” three times before firing once into his chest.  Potter could be heard swearing and saying, “I just shot him.” The police chief later described the killing as an “accidental discharge.”

The second-degree manslaughter charge suggests that prosecutors believe that Potter didn’t intend to kill Wright but mixed up her weapons. Second-degree manslaughter charges often stem from offenses that are not planned — such as hunting accidents.

Under Minnesota law, someone is guilty of second-degree manslaughter if that person causes the death of another through “culpable negligence” and “creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another.” The charge carries a maximum penalty of 10 years in prison and a $20,000 fine.

Prosecutors may have a difficult time proving this case. The New York Times reviewed 15 other cases of so-called weapon confusion over the past 20 years and found only five of the officers were indicted. And only three were found guilty.

Second-degree manslaughter is also among the charges that Minneapolis police officer Derek Chauvin is facing in his trial in George Floyd’s death, which is nearing its closing arguments and is being held just miles away.


Police Chief, Officer Resign in Wake of Protests Over Daunte Wright Killing

Police Officer Kim Potter resigned Tuesday, two days after fatally shooting Daunte Wright, an unarmed black man during a traffic stop in a Minneapolis suburb. Police Chief Tim Gannon also resigned after revealing Potter likely shot Wright by accident, believing she was firing a taser instead of a pistol.

Protests erupted in Minnesota and across the country last night as demonstrators express outrage over another police killing of a black man. The latest death occurred just 10 miles away from where the murder trial of officer Derek Chauvin is being held in the killing of George Floyd.

Prosecutors have said they expect to have a decision today regarding whether Office Potter will face charges. Potter, who is white, shot and killed Daunte Wright – a 20-year-old black man – during a traffic stop in Brooklyn Center, Minn., on Sunday.

Body camera footage shows a struggle as officers tried to handcuff Wright. During the struggle, Potter  drew her and fired her gun instead of a Taser, killing Wright.

By resigning – instead of being fired – Potter could potentially keep her pension and later work for another department.

The community is calling for justice, but will they be satisfied?

Officers involved in police shootings are rarely held accountable for killing someone.

Earlier this month, another police officer who shot a black man returned to work. Rusten Sheskey, a Wisconsin police officer who shot Jacob Blake multiple times in the back in front of his children last August, is back on the job and will not face any discipline charges. Blake survived the shooting and it was determined the officer acted within the law.

The world is watching how the latest officer involved shooting – and the Derek Chauvin trial just miles away – will play out.

 


Racist Bullying: Aledo Students Punished for ‘Slave Trade’ Posts

A group of ninth-grade students in Aledo ISD have been disciplined after it was discovered they set up a group chat and pretended to sell their black classmates. The chat, labeled “Slave trade,” contained racial slurs including the “N” word.

Officials said the students attend Daniel Ninth Grade Campus and were communicating on Snapchat and playing a “game” that put prices on classmates of color and trading them.

In the auction, one student was worth $100, while another was only worth $1 because they he didn’t like his hair.

This story hit the press as racial tensions across the country continue to rise. Protests swarmed as in Minnesota as another black man was killed this week during a routine traffic stop, and the trial against George Floyd’s killer trudges on.

Aledo Independent School District leaders sent a note home to parents and have posted a statement on their website.

The statement said that an immediate and thorough investigation was launched that involved law enforcement. They determined that racial harassment and cyber bullying had occurred and assigned disciplinary consequences in accordance the Student Code of Conduct.

To date, no criminal consequences have been announced. However, cyberbullying and harassment are illegal in Texas.

Cyberbullying is a Class B misdemeanor punishable by up 180 days in jail and a maximum $2,000 fine. The offense becomes a Class A misdemeanor, one level higher if the offender has a previous conviction for cyberbullying or if the victim was under 18 years old and targeted with the intent to make the victim commit suicide or hurt themselves.

Cyberbullies can also face expulsion or be sent to alternative school.

If any students is arrested and they are under the age of 17, they would be handled through the juvenile system.

Could a defense exist?

Law enforcement will need to prove the identity of the alleged offenders. It is not enough that a post came from a specific social media profile. They need to confirm the person on the other end of the post is one in the same. With automatic log-ins due to saved passwords, it would be easy to see how seemingly innocent exchanges of phones or tablets between students could lead to incriminating posts that were not the words or intentions of the alleged offender.

Identity issues aside, some parents have said the discipline was not enough and some have even called the incident a hate crime. Parents are planning on showing up at the next school board meeting to demand the community do more to address racism.


Crackdown on Counterfeit Purses, Shoes at Worlds Largest Flea Market

Two women were arrested last week on accusations of selling fake designer purses, shoes, sunglasses and caps at the First Monday Trade Days in Canton, Texas, which is located about 60 miles east of Dallas.

The arrests stemmed from an undercover investigation by Homeland Security Investigations, a federal agency tasked with keeping counterfeit products off U.S. streets.

Over 1,000 counterfeit luxury items, including Louis Vuitton, Chanel, Gucci and Hermes, with a retail value of $1.3 million were confiscated. In addition to federal agents, local, county and state authorities also played crucial roles in the seizure.

The women will be prosecuted by the Van Zandt County District Attorney’s Office.

They are facing charges of trademark counterfeiting. Under Texas law, trademark counterfeiting occurs when a person copies a company’s mark and uses it with the intent to sell, advertise or manufacture a product or service. The punishment depends on the retail value of the item or service.

One of the women is facing a third-degree felony, which applies when the retail value is between $30,000 and $150,000. The other women is reportedly facing a state jail felony, which applies when the retail value is between $2500 to $30,000.

Officials said the crackdown on counterfeit goods is an effort to maintain the integrity of the First Monday trade days, which began in 1850 and has become the largest flea market in the world.

The crackdown should also serve as a caution to others who sell counterfeit designer items from their homes or on the Internet.


Pandemic Liability Bill Passes Senate
April 9, 2021

On Thursday, the Texas Senate passed a pandemic liability protection bill that would prevent certain businesses and organizations from COVID-related lawsuits.

Opponents say the bill goes too far and could give negligent caregivers and nursing homes a free pass.

Senate Bill 6, also known as the Pandemic Liability Protection Act, was introduced by state Senator Kelly Hancock, a Republican from North Richland Hills.

The bill, which was passed by the Senate on Tuesday, seeks to provide COVID liability protections for health care providers, businesses, religious institutions, schools and non-profit organizations that attempt to follow safety protocols with respect to COVID.

Simply put, the legislation would prevent certain organizations, including nursing homes, from being sued by individuals or their aggrieved families for contracting COVID at their facilities or under their care.

It also makes it harder for residents and their families to hold facilities accountable for injuries and death that occur due to substandard, negligent care provided during the pandemic due to staff shortages.

Some legal experts counter, however, that the legislation would not prevent lawsuits in cases where plaintiffs can prove reckless or willful misconduct or malice.

Governor Abbott named pandemic liability protection an emergency item, which means its journey through the legislature can be expedited. On Thursday, the Senate approved the legislation. It now moves to the House of Representatives for further consideration.

This one hits close to home.

My grandmother died of COVID, which she contracted inside a nursing home facility by a staff member who didn’t follow basic CDC guidelines approximately 10 months into the pandemic.

I’m opposed. At the very least, Senate Bill 6 must be revised to protect nursing home residents.


Ex-Cop Accused of Capital Murder is Released for Lack of Evidence
April 8, 2021

On Wednesday afternoon, former Dallas Police Officer Bryan Riser was released from jail after a judge ruled that there was insufficient evidence to prosecute him on two charges of capital murder.

Judge Audrey Moorehead ordered his release after listening to about three hours of testimony from a Dallas homicide detective. The hearing – called an examining trial – was to determine whether the case should move forward to the grand jury.

The hearings are not common, and yesterday there was a surprising twist.

Prosecutors took the unusual step of publicly disagreeing with the lead homicide, and told the judge in open court that they didn’t believe there was sufficient probable cause in the two capital murder cases against Riser.

The judge agreed and ordered his release from the county jail.

Riser was arrested on capital murder charges on March 4 in the separate slayings of Liza Saenz and Albert Douglas in 2017. Riser, who was fired from the force five days later, was alleged to have hired three men to kill the victims.

One of those men – who is already serving a life sentence for a different double murder – came forward and said Riser ordered the killings. However, prosecutors say they don’t have evidence to corroborate the inmate’s story that Riser was behind the murder-for-hire plots.

Texas law prohibits jurors from convicting someone solely on the testimony of an alleged accomplice.

During the hearing, Riser’s defense attorney, Toby Shook, also pointed out several errors in the first affidavit used to arrest Riser. Shook has maintained his client’s innocence.

So what happens next?

The Dallas County District Attorney said that, although there is not enough evidence to prosecute, the investigation will continue. The judge’s ruling, however, means the case will not go to the grand jury without additional evidence.

As for Riser? His attorney and his family are calling for an audit of the police department’s investigation  and the decision to arrest.


Two Children Killed in Bizarre Backhoe Accident
April 7, 2021

Two children were killed and others were injured over the weekend in a bizarre backhoe accident. A family member has been charged in connection with their deaths.

On Saturday evening, emergency personnel responded to a tragic scene in Roanoak Texas, where two children were killed and several other people were injured while riding on various part of a John Deere backhoe.

Officials said several adults and children were riding on the backhoe when the front bucket dumped forward, spilling the people inside to the ground.

Authorities said two children, ages 7 and 11, were run over and died at the scene. Two other children and an adult suffered injuries and were transported to nearby hospitals.

The deceased children have been identified as students of Trinity Valley, a private school in Fort Worth.

The driver of the backhoe was arrested. Officials have not said how he is related to the victims, but he shares their last name. Social media is identifying the driver as the children’s father.

He faces numerous charges, including two counts of manslaughter, three counts of endangering a child and one count of aggravated assault with a deadly weapon.

In Texas, a person can be charged with manslaughter if they recklessly cause a person’s death. Manslaughter charges often stem from tragedies that occur unintentionally, but where a substantial and unjustifiable risk was present.

Manslaughter is punishable by two to 20 years in prison.

The question we have to ask is why, in the face of unimaginable tragedy, would criminal charges be piled on so quickly? And what defense could potentially apply?

It is going to come down to the defendant’s mental state and whether his actions were intentional, reckless or negligent.  The mechanics of the backhoe will also be a strong consideration and whether the machine was in proper working order.

There is still a lot we don’t know about this incident, including why so many people were riding on the backhoe and what exactly went wrong.


Dallas Police Chase Suspect in Stolen Ambulance
April 6, 2021

A man is in custody after police said he stole an ambulance from a Dallas fire station and led police on a chase through several North Texas counties.

Police said the man, who has not yet been identified, took the ambulance Monday morning from Fire Station No. 53 in east Dallas. He was later spotted by police driving the ambulance in the southeast Dallas.

The driver refused to stop, and led police on a chase for more than an hour, including off-road and through neighborhoods.

Police eventually disabled the ambulance with spike strips, causing the ambulance to bottom out on a curb.

The driver bailed out and tried to outrun police. He was taken into custody a short time later.

No one was injured during the police pursuit, which was captured live by news helicopters.

The man is likely facing a number of charges, including evading arrest in a motor vehicle, evading on foot, and felony theft of a vehicle.

If convicted of the theft, the suspect could also face increased punishment because the offense occurred during a disaster declaration.

Last year, Governor Abbott issued a disaster declaration due to COVID, which increases punishments by one level for a handful of offenses, including theft. Yesterday, that disaster declaration was renewed once again by the governor.

Although it may seem bizarre and rare, there have been numerous cases of stolen ambulances in Texas. Earlier this year, another ambulance was stolen in Dallas. And last year, an ambulance was stolen in Fort Worth.

In an even stranger coincidence, last year an ambulance was stolen from the exact same fire station as the one yesterday. It was later recovered in Louisiana. No word on whether the two cases are connected.

So the entire incident was caught on camera, but is it defensible? The question you have to ask it why this happened? Was the driver suffering a mental health episode at the time? Does he have a history of mental illness or substance abuse? Is his background mitigating enough to warrant leniency from the state?

All of this remains to be seen.


Plano Police Change Marijuana Arrest Policy
April 5, 2021

Last week, Plano Police Chief Ed  Drain announced that his officers will no longer arrest people for possessing two ounces of marijuana or less, which is normally a Class B misdemeanor punishable by up to a 180 days in jail.

Instead, officers may, at their discretion, issue a ticket for possession of drug paraphernalia. That is a reduced charge punishable by up to a $500 fine paid in municipal court.

The department changed its policy after a review of costs and trends stemming from marijuana arrests. The Chief said the review showed racial disparity, specifically more African Americans are arrested for minor amounts of marijuana  – even though surveys show white, black and hispanics use marijuana at a similar rate.

The Chief said it also not cost-effective to arrest people for low-level amounts of weed. Now that hemp is legal in Texas, police must pay to have marijuana tested to determine its THC content before cases are accepted for prosecution.

So where do other North Texas cities stand on low-level marijuana arrests?

Under Texas law, police departments can implement a cite and release policy for possession of marijuana under four ounces. Dallas police already follow a “cite and release” policy. And late last year, Fort Worth police announced they are no longer arresting or citing people for low amounts of pot.

Decriminalizing marijuana is a growing trend in the lone star state.

More than 50 marijuana related bills have been filed so far this year in the Texas Legislature, covering a range of issues from decreased penalties to outright legalization.

Well, keep an eye on them to see which ones gain traction.


Audit: Tarrant County Coroner Made Dozens of Mistakes in Autopsies
April 1, 2021

A jaw-dropping audit has revealed that a suspended Tarrant County coroner made 59 mistakes in 40 death investigations – and there were mistakes in the audit as well.

Dr. Marc Krouse, who has been with the Tarrant County Medical Examiner’s Office since 1981, has been suspended and his last day will be April 24.

The audit was ordered after investigators realized Krouse missed a bullet in a homicide investigation during an autopsy in September. The victim’s body had to be exhumed.

The audit, which was conducted by Tarrant County Chief Medical Examiner Nizam Peerwani, reviewed 40 death investigations handled by Krouse over a 10-mnth span and found 59 mistakes.

According to the audit, Krouse repeatedly failed to request or review ambulance reports and hospital records. In some cases he failed to confirm a victim’s identity by fingerprint or other scientific means. In two cases, Krouse’s mistakes were called “egregious.”

What’s more, numerous mistakes have now also been found in the audit itself. Some ages, dates and addresses are inaccurate, according to NBC 5. In one instance, the audit claimed the autopsy of the 15-year-old boy was done on June 22 — four days before his death was reported on June 26.

Medical Examiner Nizam Peerwani has said the mistakes will be corrected and a new audit will be sent by the Tarrant County District Attorneys Office to defense attorneys.

The Dallas District Attorneys Office has been appointed to do an independent full-scale review of Krouse’s work.

The ramifications of the Krouse’s errors are far-reaching. More than 400 pending cases in Tarrant County could be impacted.


Qualified Immunity for Police: Where Does Texas Stand?
March 31, 2021

 

The New York City Council has passed legislation that effectively ends qualified immunity for police officers in cases of excessive force, making it easier for people to sue officers.

Qualified immunity is a legal doctrine that, for decades, has prohibited police officers from being sued for alleged misconduct – unless the officer clearly violated an established constitutional right. The concept has made it nearly impossible to hold officers personally accountable.

Qualified immunity has become a focus of police reform across the country in the aftermath of protests sparked by the death of George Floyd.

Floyd, who is black, died after a white Minneapolis police officer kneeled on his neck for nine minutes and 29 seconds.  That officer, Derek Chauvin, is currently on trial for murder.

So where does Texas stand on qualified immunity and police reform in the wake of the civil unrest?

A sweeping police reform bill, called the George Floyd Act, was presented last week to the Texas House Committee on Homeland Security and Public Safety. The bill – House Bill 88 – seeks to ban chokeholds and required deadly force to end the “moment the imminent threat of death” is eliminated. It would also create the duty for officers witnessing excessive force to intervene and render aid.

The bill also addresses qualified immunity – and that has become a sticking point in the Republican-led legislature. Some police officials want that part of the bill removed and that issues was heavily debated last week during the hearing.

The bill’s author, state Rep. Senfronia Thompson, a Houston Democrat, says qualified immunity is a problem and it needs to stay in the bill.

After six hours of testimony, lawmakers left the matter pending without voting on the bill.

 


George Floyd: Testimony Underway in Murder Trial of Ex-Officer Derek Chauvin
March 25, 2021

Jurors are entering their second day of testimony in the murder trial of Derek Chauvin, the former Minneapolis police officer charged in George Floyd’s death. The trial is one of the most closely watched court cases in decades.

Opening statements got under way on Monday in downtown Minneapolis, where the former police officer is accused of killing George Floyd last year by kneeling on his neck for nine minutes and 29 seconds.

Prosecutors wasted no time showing jurors the video that was taken by a bystander and captured Floyd’s final moments.

They played the video during their opening statement, calling the white officer’s actions against a black suspect “murder.” The jury heard Floyd say “I can’t breathe” 27 times.

Defense attorneys countered during their opening statement that Chauvin was doing his job and what he had been trained to do over the course of his 19-year career.

The defense attorney disputed that Chauvin was to blame for Floyd’s death. He pointed out that Floyd had fentanyl and methamphetamine in his system and suggested his drug use, combined with heart disease, high blood pressure and adrenaline, caused a heart rhythm disturbance that killed him.

After opening statements, the jury heard from several witnesses as prosecutors began laying out their case:

  • They heard from a cashier at a gas station across the street who filmed the encounter.
  • They heard from a 911 dispatcher who testified that she saw part of Floyd’s arrest on a city surveillance camera and was so disturbed about the use of force she called a duty sergeant.
  • They also heard from a bystander who was trained in martial arts, including chokeholds. He testified that Chauvin appeared to increase the pressure on Floyd’s neck several times.

The mixed martial artist returned to the stand this morning.

Fourteen jurors or alternates are hearing the case – eight of them white and six of them black or multiracial. Only 12 will deliberate.

Barbed wired and concrete barriers surround the Minneapolis courthouse where the trial is being held. There is also a heavy presence of the National Guard, who will attempt to keep the peace over the next four weeks.


Texas HB 228: Replace Court Reporters with Electronic Recording Devices?
March 25, 2021

A Texas bill that would allow electronic recording devices to replace live court reporters has people in the legal community up in arms.

Hundreds of people in the legal community are voicing opposition over a bill in the Texas legislature that, if passed, would allow electronic recording devices to replace live certified court reporters.

House Bill 228, which is sponsored by Representative Andrew Murr of Kerrville, would allow county commissioners to decide whether to use electronic recording devices in lieu of certified court reporters.

The intent behind the bill is to save money and time – but many say it would do neither.

The bill has sparked outrage among court reporters and others in the legal community who say there is no substitute for live, certified professionals.

Last week, there was a public hearing before the House Committee on Judiciary and Civil Jurisprudence and hundreds of court reporters from around the state sent in comments opposing the proposed legislation.

They pointed out that many states that have implemented electronic recording devices returned to court reporters after a long list of problems occurred, including

  • Complaints of quality transcripts
  • Lack of real-time transcription during proceedings
  • Missing or inaudible records
  • Retrials of cases due to lost digital recordings
  • Lack of confidence in the system by attorneys
  • Violation of clients’ rights in criminal matters due to inaudible portions of their records
  • And unexpected costs and additional personnel and equipment to perform all the functions a certified court reporter

The attorneys at our law firm have also voiced our opposition to House Bill 228. Forcing courts to use electronic devices in place of a certified court reporter would be detrimental to the litigants and the judicial process.

Certified court reporters are required by law to make verbatim records of a proceeding to ensure accuracy of what was said. An electronic recording device cannot ensure this accuracy, no matter how good it is.

Court reporters are also ethically bound to maintain these records and protect their authenticity.

We side with the court reporters on this one.


Texas Chief Justice: Zoom is Here to Stay
March 24, 2021

Texas’ Supreme Court Chief Justice delivered his state of the Judiciary speech yesterday. What was the big takeaway? Zoom is here to stay for court proceedings.

On Tuesday, Chief Justice Nathan Hecht delivered his biennial State of Judiciary address and called on the Texas legislature to update laws to ensure remote access to courtrooms will continue long after the coronavirus is tamed.

Hecht said an “unexpected benefit” of switching to remote proceedings was increased participation in the legal process.

He said the remote proceeding are more efficient and cost-effective and will continue to play a role in the “new normal.”

According to Hecht, appearance rates in high-volume dockets, such as traffic cases and child custody cases, went from 80 percent no-shows to 80-percent appearances during the pandemic. He said people limited by income, child care, transportation or job needs were able to go to court by clicking on a link or dialing on a smart phone.

Another advantage to remote proceedings? You can watch them online, he said, giving the public a ringside seat in every courtroom, increasing transparency and accountability.

However, Hecht acknowledged that felonies and complex criminal matters that require jury trials can’t be handled remotely. He said jury trial dockets are backlogged and will take three years to catch up.

In 2019, Texas courts tried roughly 9000 cases to verdict. In the past year of the pandemic, only 239 were tried.

Hecht said he asked the Legislature for increased funding for courts to allow safe in-person jury trials and visiting and retired former judges to help decongest dockets.

The chief justice also outlined a number of other legislative priorities. He renewed his previous calls to reform the cash bail system. He said the current system allows potentially dangerous defendants with more money to await trial out of jail, while incarcerating low-risk defendants f

Varghese Summersett

In March 2021, the Los Angeles County Sheriff’s Department executed a search warrant to obtain data from the Event Data Recorder, typically referred to as the “black box,” in the vehicle that Tiger Woods crashed. Police said it was an effort to determine the cause of the wreck and whether a crime occurred.

While black boxes have been associated with plane crashes for decades, the data devices are now becoming a go-to for auto accident investigators, especially in cases involving serious injury or death. The devices can be a treasure trove of information – contradicting or corroborating a driver’s account of what happened while he or she was behind the wheel.

Here’s an overview of black boxes, why they are being increasingly used in criminal investigations, how they can be obtained by the police, and how they can help – or hurt you – in a criminal investigation.

What do we know about Tiger Woods crash?

Golf legend Tiger Woods, 45, was driving a Genesis GV80 SUV on a two-lane road near Los Angelas shortly after 7 a.m. on February 23 when he crossed a median and veered onto the wrong side of the road. His vehicle struck a tree and landed on its side in the brush. He had to be physically removed from the car by emergency responders using a pry bar and ax. Woods was seriously injured and had to undergo surgery on his lower right leg and ankle. Woods told deputies he did not recall driving. Tiger Woods’ family released the following statement about his accident and injuries:

What is a vehicle black box?

Most vehicles today are equipped with a so-called “black box,” which is technically known as an Event Data Recorder, or EDR. Black boxes are not necessarily black or even boxes. A black box may be made up of several different components and a number of sensors placed throughout the vehicle. Black boxes are, therefore, essentially computers that gather and store data from a vehicle’s sensors, including GPS, position, speed, and time. Black boxes are usually installed below the center of the dashboard or beneath seats to protect them from damage. When a vehicle is involved in a crash, the black box can give moment-by-moment data, including speed, acceleration, braking, blinker use, etc. This is why black boxes are increasingly being used in investigations.

Black boxes were introduced in cars around 1994 when they were being used by manufacturers to analyze how cars performed in real-life accidents. By 2014, every new vehicle in the United States was mandated to have a black box. As time went on, event data recorders started tracking more and more information. Today, black boxes record for 20 seconds around the crash and keep at least 15 data points while manufacturers can include up to 30 more. The 15 required data points are:

  • Forward and lateral crash force.
  • Crash event duration.
  • Indicated vehicle speed.
  • Accelerator position.
  • Engine rpm.
  • Brake application and antilock brake activation.
  • Steering wheel angle.
  • Stability control engagement.
  • Vehicle roll angle, in case of a rollover.
  • Number of times the vehicle has been started.
  • Driver and front-passenger safety belt engagement, and pretensioner or force limiter engagement.
  • Air bag deployment, speed, and faults for all air bags.
  • Front seat positions.
  • Occupant size.
  • Number of crashes (one or more impacts during the final crash event).

Who owns the data collected by a black box?

The Driver Privacy Act of 2015 says EDR data is the property of the vehicle owner or lessee. However, the data may be accessed by a person other than the owner or lessee under five circumstances:

  • pursuant to court or administrative order
  • consent of the owner or lessee
  • pursuant to an investigation of a motor vehicle accident by the Secretary of the Treasury of the National Transportation Safety Board as long as personally identifiable information is not disclosed
  • for the purpose of emergency medical response to a vehicle crash
  • for traffic safety research, as long as personally identifiable information is not disclosed.

Do investigators need a warrant to retrieve a black box?

There is almost a century-old precedent in the United States that officers need probable cause to search a vehicle. (Carroll vs. United States, 1925). While not entirely analogous, we know that cell phones are also not subject to a warrantless search. (Riley vs. California, 2014). We don’t have a clear answer from the Supreme Court yet, but the Court has not taken up any case where State prosecutors argued on appeal that black boxes can be obtained without a showing of probable cause. (The Supreme Court’s decision to take a case or not take a case sometimes gives us valuable insight into what the Court’s position might be.) At the state-level, courts vary by jurisdiction. For example, courts in Florida and Georgia have ruled the Fourth Amendment protects a person’s privacy in the vehicle’s black box data while courts in New York and California have disagreed.

Notably, in Tiger Woods’ case, we know a search warrant was obtained to retrieve the black box, despite the fact that the Los Angeles County Sheriff’s Department calling the wreck “purely an accident.”  This means an application was made by the Los Angeles County Sheriff’s Department outlining why they believe there was probable cause that a criminal offense took place. Sources have reported the probable cause statement was based on an allegation that Tiger Woods was committing the criminal offense of driving recklessly.

Probable cause requires “specific and articulable facts that an offense occurred.” Yet sources have also reported the search warrant affidavit does not list any specific crime. You can expect an incredible amount of scrutiny to be placed on the affidavit for the search warrant and the judge’s decision once the affidavit is released to see if probable cause was established or whether this was nothing more than a fishing expedition – the latter would mean any evidence collected could be thrown out.

Can you be prosecuted for just an accident?

If this is just an accident as the L.A. County Sheriff’s Department initially reported, that is not the basis for a criminal offense. Are there factors that could make it a criminal offense? Most jurisdictions have some form of a reckless driving statute. For example, in Texas, reckless driving is a low-level misdemeanor offense and requires proof that the person was driving “in willful or wanton disregard for the safety of persons or property.” Whether or not the L.A. County Sheriff had proof under the California equivalent of that law remains to be seen.

How can black boxes help or hurt a criminal case?

When a driver is involved in an accident, investigators will most certainly try and question them about what happened. Were you speeding? Were you drinking? Did you fall asleep at the wheel? Was there a passenger in the car? Were you texting? Talking on the phone?

The black box can corroborate or contradict a driver’s story. If everything checks out and it was truly just an unfortunate, unforeseeable accident, the driver will hopefully not be charged with a crime. However, if there was wrongdoing on the part of the driver and the driver lies about it, the black box will likely uncover the truth – and it can be used against you in court.

Update: What the black box revealed in Tiger Woods’ crash

On April 7, 2021, investigators announced that the black box revealed that Woods was driving 84 and 87 miles per hour in a 45 m.p.h. zone when he crashed his sport-utility vehicle. Authorities said Woods was not cited for driving too fast and no criminal charges will be filed. They added that there were no signs of impairment or intoxication and that Woods was wearing his seatbelt. Investigators said the black box data showed Woods had hit the accelerator throughout the crash, and Woods likely inadvertently hit the accelerator while trying to brake.

Beyond Black Boxes

Don’t forget that modern cars are a treasure trove of information. Computers track GPS locations, navigation history, and some even ping nearby cell towers for phone service. Toll tags can provide speed, location, and heading information. Insurance companies are providing driving behavior data to the insurer by cell service. As law enforcement gets savvier and we collect and store more and more information about ourselves, expect law enforcement to seek warrants to try to get that information.

If you or a loved one is facing criminal charges stemming from a car crash in North Texas, it’s imperative that you speak to a skilled defense attorney as soon as possible. We can help. We have defended dozens of people charged with serious crimes after a car wreck. Call 817-203-2220 for a free consultation with an experienced member of our team.

The post Black Boxes in Criminal Cases: A Look at Tiger Woods’ Crash appeared first on Varghese Summersett PLLC.

Varghese Summersett

It’s illegal to leave your dog (or any pet for that matter) outside under certain conditions in Texas.

The past few days have been brutal in North Texas, where millions of people are without power after a historic storm buried the state in snow and brought record low temperatures.

People are suffering, struggling to stay warm in extreme conditions.

And so are their pets.

In Texas, it’s illegal to leave pets outside in freezing conditions without adequate shelter, food, and water. It’s considered animal cruelty and it can carry jail time and fines. Here’s a look at the laws and potential punishments, as well as tips for keeping pets safe.

Featured image: Little Annie is cozy under the covers. (Credit: VS Attorney Alex Thornton)

When Is It Illegal to Leave Pets Outside in Snow or Cold?

In Texas, there are actually several laws that would make it illegal to leave a pet outside in extreme weather.  They include cruelty to non-livestock animals and unlawful restraint of a dog. Some cities also have specific ordinances in place to protect pets in extreme weather conditions.

? Cruelty to Non-Livestock Animals: Under Texas Penal Code 42.092, a person commits cruelty to a non-livestock animal if he or she fails unreasonably to provide necessary food, water, care or shelter; abandons an animal in their custody; confines or transports an animal in a cruel manner, injures someone else’s animal, or overworks an animal. Abandoning a dog or cat in freezing temperatures without adequate food, water or shelter would certainly violate this law.

Cruelty to a non-livestock animal is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine. If the conviction is a third offense, it is a state jail felony, punishable by up to 2 years in a state jail facility and a maximum $10,000 fine.

?Unlawful Restraint of a Dog: Under Texas law, a pet owner “may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s movement” when temperatures dip below 32 degrees. The law doesn’t just apply to cold weather. It also applies to heat advisories, tornado warnings, hurricanes and tropical storm.

Unlawful restraint of a dog is a Class C misdemeanor, punishable by a $500 fine, unless the owner has a previous conviction in which case it is elevated to a Class B misdemeanor, punishable by up to $180 days in jail and a $2000 fine.

?City Ordinance Violations: Many cities have a “zero tolerance” policy when it comes to protecting pets and have specific ordinances in place. For example, in San Antonio, pet owners must provide suitable shelters for a pet – including walls, a roof, and elevated floor – or face a $300 fine.

Riggs stays cozy under the covers. (Credit: VS Office Manager Bresha Shepherd)

Have there Been Incidents of Abandoned Pets in the Current Texas’ Winter Storm?

Across the state of Texas, there have been a number of incidents of pets being left outside in freezing weather in recent days:

  • On Monday, six dogs, one of which was dead, were discovered abandoned outside an auto shop in Houston, where temperatures had dropped below freezing. According to local news KHOU, authorities responded to a call and found five dogs still alive outside the Texas auto shop — but no sign of the pets’ owners. The temperature outside was 18 degrees when the surviving dogs were rescued. A sixth dog was found dead, partially covered in the snow.
  • In Harris County, a dog owner is facing charges after leaving eight dogs outside in freezing temperatures for days with no shelter access. The dogs were discovered after a report was made to the Harris County Animal Cruelty Taskforce.
  • In Grapeland, local police responded to a home Sunday night after a tip came in about possible animal cruelty. When they arrived, they found four horses, four living dogs, and one dog that had already frozen to death. The dead dog was found in a wire cage in the backyard. The four living dogs were found chained outside, covered in ice without shelter.

This is Jetson when there’s snow outside. (Credit: Media Relations Director Melody Lanier)

What are Some Tips for Protecting Pets in the Cold?

Here are some basic tips for keeping pets safe during winter weather:

  • Bring pets indoors when the temperature drops. That’s the best place for them.
  • While many cities cannot accommodate pets in warming shelters, some cities such as Fort Worth are making arrangements to make sure furry and feathered family members have accommodations at the warming stations. For a list of warming stations across the DFW area, check here.
  • Avoid shaving your pet’s fur during the winter months.
  • Pets can get frostbite and hypothermia. Bundle up dogs in a sweater or put booties on their paws when going outside in cold weather. Wipe them down if they get wet.
  • Avoid antifreeze and other chemicals used to melt ice, as they are toxic to pets.
  • If you have outside pets, such as horses or goats, make sure they have access to a barn or shelter. Make sure they have access to unfrozen water at all times and feed them more forage during extreme cold.

Huck and Gus are cozy in front of the fire. (Credit: VS Attorney Letty Martinez)

What Should You Do If You See a Pet Left Out in the Cold?

If you see a pet left in the cold or other extreme conditions without food or shelter, contact your local law enforcement or animal control agency. For non-emergency situations, complaints may also be filed online through the SPCA of Texas website.

Facing Animal Abuse Allegations?

Leaving a dog outside in the frigid temperatures will definitely land you in the doghouse – and quite possibly, behind bars. If you or a loved one is facing an animal cruelty charge, it’s imperative to speak to an experienced criminal defense attorney as soon as possible. While it is illegal to leave pets outside in snow or cold in many situations, it doesn’t always cross the line to animal cruelty. Call 817-203-2220 for a free consultation with a member of our team.

The post Is it Illegal to Leave Your Dog Outside in Snow or Cold in Texas? appeared first on Varghese Summersett PLLC.

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The Coronavirus pandemic has changed how we work, socialize, learn — and even how we punish certain crimes in Texas.

On March 13, 2020, Governor Abbott issued a disaster declaration certifying that Coronavirus poses an imminent threat of disaster for all counties in the State of Texas. In doing so, he triggered the Texas Penal Code’s disaster enhancement provision, resulting in increased punishment range for a select number of offenses. In other words, people who commit certain crimes during COVID are likely to face harsher punishment. This article will outline the consequences of committing an offense during a COVID disaster declaration in Texas.

What Happens During a COVID Disaster Declaration?

When Gov. Abbott issued the COVID Disaster Declaration, he gave the government power to enact policies that ordinarily would not be permitted in an effort to aid local governments in the fight against the virus. Governor Abbott’s disaster declaration resulted in Executive Orders requiring social distancing, mask mandates, and business closures, among other things. The disaster declaration also triggered Texas Penal Code 12.50 which elevates the punishment for certain crimes during a disaster declaration.

What Texas Law Increases Punishment During Disaster Declarations?

Texas Penal Code 12.50 – “Penalty if Offense Committed in Disaster Area or Evacuated Area” – is the statute that increases punishment for a handful of offenses by one level if it is shown that the offense was committed in an area that was, at the time:

  • Subject to a declaration of a state of disaster made by:
    • the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);
    • the governor under Section 418.014, Government Code; or
    • the presiding officer of the governing body of a political subdivision under Section 418.18, Government Code.

What Offenses are Subject to Disaster Enhancements?

The following offenses are subject to a punishment enhancement as a result of Governor Abbott’s COVID disaster declaration:

How Long does a Disaster Declaration Last?

Under Texas law, these disaster declarations expire after 30 days unless renewed, but Governor Abbott has continuously renewed the disaster declaration since March 13 in a continued fight against Coronavirus.

How Does the COVID Disaster Enhancement Work? 

Typically, the disaster enhancement increases the punishment range one category or degree. The only exceptions are Class A misdemeanors and first-degree felonies.

The following examples illustrate how the enhancement works:

  • A Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000, is punished as a Class A misdemeanor by up to one year in jail and a fine of up to $4,000.
  • A State Jail felony, punishable by six months to two years in state jail and a fine of up to $10,000, is now punished as a third-degree felony by two to 10 years in prison and a fine of up to $10,000.
  • A third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000, is now punishable as a second-degree felony by two to 20 years in prison and a fine of up to $10,000.
  • A second-degree felony, punishable by two to 20 years in prison and a fine of up to $10,000, is now punishable as a first-degree felony by five to 99 years in prison and a fine of up to $10,000.

Exceptions:

  •  Class A misdemeanor, punishable by up to one year in jail, is now punishable by 180 days to one year in jail.
  • A first-degree felony, punishable five to ninety-nine years in prison, remains the same.

Can a Defendant Face Multiple Enhancements?

Defendants may be subject to multiple enhancements with regards to a single offense depending on the unique facts of his case. For example, an offense could be enhanced under Texas Penal Code § 12.42 if the defendant is a habitual offender and under Texas Penal Code § 12.50 if the offense is committed in a designated disaster area. Multiple enhancements may be applied to a single offense to severely increase the defendant’s punishment range. The following example illustrates how enhancements are stacked:

Texas Penal Code § 31.03: Theft

An offense under Texas Penal Code § 31.03(e)(3) is a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500.

  • Except as provided by Texas Penal Code § 31.03(e)(4)(D), an offense under this section is a State Jail Felony if the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft
  • The offense is increased to a third-degree felony if it is shown on the trial of the offense that during the commission of the offense, the actor intentionally, knowingly, or recklessly used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector under Texas Penal Code § 31.03(f)(5)(C).
  • The offense is increased to a second-degree felony if it is shown at trial of the offense that the offense was committed in an area that was, at the time of the offense subject to a state disaster declaration made by the presiding officer of the governing body of a political subdivision under Section 418.108, Government Code under Texas Penal Code § 12.50(a)(1)(B).

In the above example, the initial charge was theft of an item valued between $750 to $2,500, a Class A misdemeanor –  an offense that is typically punishable by up to one year in jail, up to a $4,000 fine, or both. As a result of stacked enhancements, the defendant would now face a second-degree felony which is punishable by two to 20 years in prison, up to a $10,000 fine, or both.

Can All Enhancements be Stacked?  

There is a difference between enhanced offenses and enhanced punishment, which may result in situations where enhancements cannot be stacked against a defendant. If a statute says “punishment for the offense” is increased, then the range of punishment applicable to the primary offense increases; it does not increase the severity or grade of the primary offense.  Similar to that of repeat and habitual offender enhancements, the disaster declaration enhancement increases the punishment of the offense, not the degree of the primary offense.

In Henderson v. State, the defendant was arrested for Possession of Marijuana, 4oz to 5lbs, a state jail felony which is punishable by 180 days to two years in prison, up to a $10,000 fine, or both. Henderson v. State, 582 S.W.3d 349, 350 (Tex. App. 2018). Because the defendant exhibited a deadly weapon during the commission of the crime, his punishment range was increased to that of a third-degree felony.  Furthermore, under repeat and habitual offender laws, a defendant will face a second-degree punishment range if the defendant has previously been convicted of a felony other than a state jail felony. Here, despite two separate enhancements, the highest level of punishment range that the defendant faced was a second-degree felony because the primary offense remained the same, a state jail felony.

Now let’s assume that Henderson was arrested for a state jail felony theft offense, exhibited a deadly weapon during the commission of the offense, and had previously been convicted of a felony other than a state jail felony. Under this fact pattern Henderson would still be looking at a state jail felony conviction while facing a second-degree punishment range. Well, what if Henderson had committed the offense in a declared disaster area? The disaster enhancement increases the punishment range to that of the prescribed higher category of offense, in this case it would be a third-degree felony. So, just like the deadly weapon enhancement, a disaster enhancement would not have an impact on the punishment range Henderson faces because the repeat offender enhancement subjected him to a second-degree punishment range. This further illustrates how certain enhancements cannot be stacked against a defendant.

What Should You Do if Facing Disaster Declaration Enhancements?

Enhancements can have a major impact on sentences, especially if faced with multiple enhancements that can be stacked against a defendant. Despite this, however, enhancements can be waived by the prosecutor or argued against, given the specific details of the case and the legislature’s intent behind the law. If you or a loved one is facing an enhanced charge stemming from a COVID disaster declaration, it is important to contract an experienced defense attorney right away.

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One of the highlights of this year’s big game was undoubtedly the Super Bowl streaker.

With 5:03 left in the fourth quarter, a man wearing a bright pink thong leotard and skintight shorts (which he later dropped) sprinted onto the field. The game came to a standstill as the streaker dashed past the Kansas City Chiefs and Tampa Bay Buckaneers as they lined up for a play. He used a spin move to evade a security guard before making a beeline for the goal line, where he was ultimately brought down in the end zone by a squad of officers.

Many joked on social media that he made more progress on the field than the Chiefs had all evening.

So what will happen to the man who bared his backside in SuperBowl LV in Tampa, Florida? And what charges would he face if he were to pull that prank in Texas?

Punishments for fans who streak during sporting events can vary from a slap on the wrist to jail time. The punishment depends on what laws were violated in the state in which the streaking occurred. At a minimum, streakers can probably count on an overnight stay in jail and a lifetime ban from the venue.

According to USA Today, the Super Bowl LV streaker — identified as 31-year-old Yuri Andrade — is facing a misdemeanor trespassing charge for running on the field at Raymond James Stadium. He was released from jail Monday morning after posting a $500 cash bond.

If he had pulled the prank in Texas, he likely would have been arrested for criminal trespass or disorderly conduct. Criminal trespass is a Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine. Disorderly conduct is generally a Class C misdemeanor, which is a ticket punishable by a maximum $500 fine.

And while streaking at a sporting event is definitely against the law, many pranksters believe the reward (notoriety, advertising, stories to tell your friends) outweighs the risks of any legal hurdle they may have to jump over after the fact.

Kevin Harlan’s call of the Super Bowl Streaker has gone viral.

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