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Texas Criminal Jurisprudence Committee testimony on Brass Knuckles/Marijuana/etc

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  • OFFascist

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    Apr 2, 2013
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    This is from yesterday, thought some of y'all might find some of the testimony interesting.

    https://capitol.texas.gov/tlodocs/86R/schedules/html/C2202019030414001.htm
    HB 27-Relating to increasing the criminal penalty for assault or aggravated assault of a federal law enforcement officer.

    HB63-Relating to the civil and criminal penalties for possession of certain small amounts of marihuana and an exception to prosecution for possession of associated drug paraphernalia; creating a criminal offense.

    HB86-Relating to prohibiting the reckless discharge of a firearm; creating a criminal offense.

    HB446-Relating to the criminal consequences of engaging in certain conduct with respect to certain instruments designed, made, or adapted for use in striking a person with a fist.

    HB521-Relating to the charging instrument in the prosecution of the offense of resisting arrest.

    HB667-Relating to the prosecution of and punishment for the offense of sexual assault; enhancing a criminal penalty.

    HB760-Relating to the punishment for the criminal offense of theft involving a package delivered to or collected from a residential or commercial property; increasing a criminal penalty.

    HB1028-Relating to increasing the criminal penalties for certain offenses committed in a disaster area or an evacuated area.

    http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=16383 Part 1

    HB 521 - if someone is being charged with resisting arrest "The complaint, information, or indictment in the prosecution of a criminal case in which a person is alleged to have resisted arrest under Section 38.03, Penal Code, must state the underlying offense for which the person was resisting arrest." Should cut down on cases where someone is arrested solely for resisting arrest. Starts at about 1 minute in.

    HB 27 - would make federal law enforcement a protected class in the same manner state law enforcement is. Starts at about 45 minutes.

    HB 86 - Additional regulations on discharging a weapon, allegedly in regards to "celebratory gun fire." Starts at about 58 minutes. This is one of those that sounds good in theory but will likely have unintended consequences.
    (b) A person commits an offense if the person knowingly
    discharges a firearm and at the time of discharge:
    (1) is reckless as to whether the firearm was aimed at
    the person's intended target; or
    (2) did not have an intended target.
    I can see this being abused to charge people who are bump firing or just sending rounds downrange at nothing in particular.

    GOA sent their representative Rachel Malone to speak out against it, her testimony starts at about 1:15:50

    HB 760 - increasing penalties on porch pirates. Starts at 1:27:50

    HB 667 - increasing penalties on incest. Starts at 1:47:40 continues through second stream linked below.

    http://tlchouse.granicus.com/MediaPlayer.php?view_id=44&clip_id=16394 Part 2

    HB 1028 - increases penalty for theft/robbery in a disaster area. Starts at about 12 minutes.

    HB 446 - legalizing brass knuckles starts at about 29 minutes

    HB 63 - making small amount marijuana a civil penalty starts at about 41 minutes
    Guns International
     

    BillFairbanks

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    It looks like I would actually support HB 86. I’ve always been taught to know your target and what’s behind it. I thought that was common sense until my wife was shot and the shooter faced no charges at all.




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    OFFascist

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    It looks like I would actually support HB 86. I’ve always been taught to know your target and what’s behind it. I thought that was common sense until my wife was shot and the shooter faced no charges at all.

    IMO, If he faced no charges its because the police and/or the DA were too lazy or incompetent to do their job. That should already be covered under 22.02 Deadly Conduct.

    (b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

    (1) one or more individuals;  or

    (2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

    An offense under Subsection (b) is a felony of the third degree.
     

    BillFairbanks

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    IMO, If he faced no charges its because the police and/or the DA were too lazy or incompetent to do their job. That should already be covered under 22.02 Deadly Conduct.

    It should be, however the excuse that the DA gave us was that the shooter didn’t know our neighborhood was directly in his line of fire. Ignorance seemed to be an effective defense. I doubt I would’ve gotten the same consideration from our DA though.

    FYI, if you’re a victim of a crime and the DA chooses not to charge them, there’s nothing the victim can do about it.


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    OFFascist

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    It should be, however the excuse that the DA gave us was that the shooter didn’t know our neighborhood was directly in his line of fire. Ignorance seemed to be an effective defense. I doubt I would’ve gotten the same consideration from our DA though.

    FYI, if you’re a victim of a crime and the DA chooses not to charge them, there’s nothing the victim can do about it.

    I'll agree that there is nothing legally you can do about it, anything else should not be discussed with other people.
     

    robertc1024

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    It looks like I would actually support HB 86. I’ve always been taught to know your target and what’s behind it. I thought that was common sense until my wife was shot and the shooter faced no charges at all.
    Sent from my iPhone using Tapatalk

    I didn't realize the shooter didn't have charges filed. My wife's uncle got shot under similar circumstances. I know they at the least got money from the shooter - possibly civil, not criminal though.
     

    MTA

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    Why no protection from assault by federal officers?
    I like the way you think
    two-thumbs-e1488372443357.jpg
     

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    gshayd

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    If I am on a range and have a target up that is my intended target. The targets are the safe direction to point the firearm. I guess you would get arrested if you miss the target?
     

    Army 1911

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    I’m intrigued about the resisting arrest bill and not happy with the federal officer part.

    There should be no, zero, nun, nada, zip “protected classes.” Isn’t justice supposed to be blind?


    No justice is supposed to be bought. Those scales lady justice holds weigh the crime v. dollars paid by the defendant.
     
    Every Day Man
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