ldj1002 wrote:Please explain. Sounds like a way to get in trouble.tbrown wrote:Get a Red Cross CPR card. That's what I did so I can ignore 30.06 signs starting 9/1.
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Complete HB435 text here.HB 435 wrote:SECTION 8. Section 30.06, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.
SECTION 9. Section 30.07, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.
SECTION 10. Section 46.01, Penal Code, is amended by adding
Subdivision (18) to read as follows:
(18) "Volunteer emergency services personnel"
includes a volunteer firefighter, an emergency medical services
volunteer as defined by Section 773.003, Health and Safety Code,
and any individual who, as a volunteer, provides services for the
benefit of the general public during emergency situations. The
term does not include a peace officer or reserve law enforcement
officer, as those terms are defined by Section 1701.001,
Occupations Code, who is performing law enforcement duties.
I assume tbrown is referring to the portion of HB435 which I've put in red text. I think that his interpretation of the text is a bit optimistic, but the argument could be made (probably in front of a judge). The bill provides exemptions for volunteer emergency services personnel from PC 30.06 and 30.07, along with exemptions for PC 46.02, 46.03 and 46.035. The 30.06 and 30.07 exemptions don't require that such personnel be engaged in providing emergency services, but the 46.02, 46.03 and 46.035 exemptions do make that requirement.
But heck, if a judge buys the "I have a Red Cross card so that means I'm volunteer emergency services personnel" argument, the argument could just as easily be that any LTC licensee could provide volunteer emergency services merely due to the fact that they're an LTC licensee. It doesn't say "volunteer emergency medical services"; volunteer emergency services could easily entail shooting someone committing a violent felony. That would certainly "benefit the general public during emergency situations."