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Legislative Update

Criminal

Noncompliant prosecuting attorney

February 19, 2021 Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard SB 200 on noncompliant prosecuting attorney authored by Sen. M. Young.  The bill permits the attorney general to request the appointment of a special prosecuting attorney if a prosecuting attorney is categorically refusing to prosecute certain crimes and establishes a procedure for the appointment of a person to serve as a … [Read more...] about Noncompliant prosecuting attorney

Use of force

February 19, 2021 Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard SB 311 on use of force authored by Sen. Baldwin.  The bill prohibits a state or local law enforcement officer (officer) from firing warning shots and allows a guard, official, or officer in a state or local penal facility to fire warning shots to prevent the escape of a person. The bill provides the following regarding a … [Read more...] about Use of force

Marijuana

February 19, 2021 Filed Under: Criminal

The House Courts and Criminal Code Committee heard HB 1028 authored by Rep. Lucas regarding marijuana. The bill decriminalizes the possession of: (1) 30 grams or less of marijuana; or (2) five grams or less of hash oil or hashish; by making the violation a Class D infraction. The bill provides that a person who knowingly or intentionally possesses an instrument, a device, or another … [Read more...] about Marijuana

Trespassing

February 19, 2021 Filed Under: Criminal

The House Courts and Criminal Code Committee heard HB 1095 authored by Rep. Moed regarding trespassing. The bill provides that a person commits the offense of criminal trespass if: (1) the person, who does not have a contractual interest in the property, knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or … [Read more...] about Trespassing

Criminal penalties

February 19, 2021 Filed Under: Criminal

The House Courts and Criminal Code Committee heard HB 1097 authored by Rep. Abbott regarding criminal penalties.  The bill provides that a person who discharges a firearm in an unsafe manner and creates a substantial risk of bodily injury or death to a person or group of persons in the immediate vicinity of where the firearm is shot commits a Level 5 felony. The bill provides that a … [Read more...] about Criminal penalties

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