New Texas Laws, Effective September 1, 2001 (partial)
Criminal Law: Hate Crimes: CCP Art. 12.47: Offense against
person or property because of race, color, disability,
religion,
national origin, ancestry, age, gender, and sexual preference
are
definitions of bias or prejudice. The penalty is increased
to
the next level except: Class A misdemeanors (serve minimum
180
days) and 1st degree felonies.
Criminal Law: Evading Arrest or Detention: PC 38.04:
Raises
the penalty for fleeing with a vehicle from a Class A
misdemeanor
to a State Jail Felony.
Criminal Law: Harassment: PC 42.07: Adds email and papers
to harassment (with intent to alarm, annoy, abuse, torment or
embarrass another).
Criminal Law: Drugs: HSC 141.102, 482.002: Adds Ketamine
to penalty group one and adds nitrous oxide to volatile chemicals.
It is an offense to use nitrous oxide to affect the person. Also
adds Ketamine to drugs facilitating aggravated sexual assault.
Criminal Law: PC 21.15: Photographs or videos taken of
another person without the consent of that person, with intent to
arouse or sexually gratify any person is a State Jail Felony.
Criminal Law: Open Container: PC 49.03 et al: It is an
offense to possess an open container in a passenger area of a vehicle
on a public highway regardless if the vehicle is parked, stopped, or
moving. Defines container as any bottle, can, or receptacle
containing any amount of alcoholic beverage, and that is open, been
opened, broken seal, or contents partially removed. Defines
passenger area as area designated for seating of operator and
passenger. Defines public highway as any public road, street, right
of way, or any publicly maintained area open for public motor vehicle
travel. Does not include a LOCKED glove box or similar container,
trunk, or area behind the last upright seat if the vehicle does not
have a trunk. A violation is a Class C misdemeanor. Police cannot
arrest for this violation unless the violator refuses to sign the
citation.
Traffic Law: TC:683.077: Changes definition of antique
vehicle from 35 years to 25 years old.
Traffic Law: TC 545.353: Prohibits a person under age 18
from riding in an open-bed pickup truck or open flatbed truck or open
flatbed trailer. However, it is a defense if in a parade, emergency,
transporting farm workers from one field to another on FM, RR or
county road outside a city.
Traffic Law: TC 545.412: Increases minimum fine and maximum
fine for child restraint violation to $100 and $200.
Traffic Law: TC 545.412: Requires a child younger than age
5 OR less than 36 inches tall to be secured in a child safety SEAT.
Family Law: FC 41.001: Reduces age from 12 to 10 that a
parent is responsible for property damage committed by their child.
Penalty Groups
Class C Misdemeanor - Fine not exceed not $500
Class B Misdemeanor - Up to 180 days in Jail and/or a fine
not to exceed $2000
Class A Misdemeanor - Up to 1 year in Jail and/or a fine not
exceed $4000
State Jail Felony - 180 days to 2 years in State Jail and a
fine not to exceed $10,000
3rd Degree Felony - 2-10 years in prison and an optional fine
not to exceed $10,000
2nd Degree Felony - 2-20 years in prison and an optional fine
not to exceed $10,000
1st Degree Felony - Life or 5-99 years in prison and an
optional fine not to exceed $10,000
Capital Felony - Life Imprisonment or Death