David Frank - Criminal Defense Lawyer, Austin, Texas. Experienced in all fields pertaining to criminal law Attorney and Counselor At Law
Austin, Texas
Board Certified in Criminal Law by the Texas Board of Legal Specialization
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Helping those who need a board certified lawyer specializing in such areas as:
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   Legislative
   Changes

Results from the 81st
Legislative Session    

 

TABLE OF CONTENTS

FIREARM SMUGGLING.............................................................................................
INTERFERING WITH THE RADIO FREQUENCY LICENSED
TO A GOVERNMENT ENTITY...................................................................................
GRAFFITI......................................................................................................................
ON-LINE STALKING....................................................................................................
ENHANCEMENT FOR EVADING ARREST............................................................
SEX OFFENDER REGISTRATION...........................................................................

FIREARM SMUGGLING

The Legislature created the new offense of Firearm Smuggling which provides that a person commits an offense if he knowingly engages in the business of transporting or transferring a firearm that he knows was acquired in violation of the law.

A person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: On more than one occasion; or For profit or other form of remuneration.

An offense is a third degree felony unless the offense involved three or more firearms in a single criminal episode, which makes it a second degree felony.

INTERFERING WITH THE RADIO FREQUENCY LICENSED TO A GOVERNMENT ENTITY

It is now a Class A misdemeanor if a person intentionally interrupts, disrupts, impedes, jams, or otherwise interferes with a radio frequency licensed to a government entity used by law enforcement, fire department, or emergency medical services provider.

The punishment goes up to a state jail felony if the person committed the offense with the intent to: facilitate the commission of another offense; or interfere with the ability of the government entity to respond to an emergency.

GRAFFITI

If you are convicted of graffiti, new laws will order you to restore the property and perform a minimum of 15 to 30 hours of Community Service Restitution depending on the dollar amount of property damage.

ON-LINE STALKING

It is a third degree felony if someone intentionally harms or defrauds another person by using another person’s name or persona on a social networking site. That same conduct is a Class A misdemeanor if someone uses an e-mail or text message to harm or defraud another.

ENHANCEMENT FOR EVADING ARREST

Ordinarily, Evading Arrest is a Class B misdemeanor. The new law makes it a state jail felony for repeat offenders.

SEX OFFENDER REGISTRATION

New sex offender registration rules require sex offenders to report for registration not later than the seventh day after they are released from a penal institution. Those same rules require homeless persons subject to registration to report within seven days of becoming homeless and imposes reporting requirements every thirty days until a permanent physical address is established.

If a person used the internet to commit a sex offense and is now subject to sex offender registration, as a condition of probation or parole the court shall prohibit the defendant from using the internet to, access obscene material, access a commercial social networking site, communicate with any individual concerning sexual relations with an individual younger than 17, or communicate with another individual the defendant knows is younger than 17. The court or parole panel may modify the above conditions if it interferes with employment or if the defendant is a parent to a child younger than 17.
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David B. Frank
Attorney And Counselor At Law

The Penthouse Condominiums
1212 Guadalupe Street, Suite 103
Austin, Texas 78701

Tel. 512-499-0969
Fax. 512-499-8220


"Board Certified in Criminal Law by the Texas board of Legal Specialization"

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