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by Kythas
Tue May 06, 2008 1:43 pm
Forum: General Texas CHL Discussion
Topic: Trinity Medical Center
Replies: 10
Views: 2171

Re: Trinity Medical Center

barres wrote:I guess I should go back and clarify my post. I was in a hurry this morning. The section you highlighted is, indeed, the pertinent part of PC 30.05. But notice that it is a defense to prosecution, not an exception. That means you can still be arrested, and you would have to present the defense at trial where you would (quite likely) win, but you would have had to undergo the cost and embarrassment of the arrest and trial.
If it's an affirmative defense at trial, why would the DA even go ahead with charges? I would think the DA would decline to prosecute since it would be a losing case for them.
by Kythas
Tue May 06, 2008 8:53 am
Forum: General Texas CHL Discussion
Topic: Trinity Medical Center
Replies: 10
Views: 2171

Re: Trinity Medical Center

I found the relevant statute in case anyone has questions about this like I did. Note the red part at the bottom:

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks
are:
(i) vertical lines of not less than eight
inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark
is not less than three feet from the ground or more than five feet
from the ground; and
(iii) placed at locations that are readily
visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other
than forest land; or
(E) the visible presence on the property of a
crop grown for human consumption that is under cultivation, in the
process of being harvested, or marketable if harvested at the time
of entry.
(3) "Shelter center" has the meaning assigned by
Section 51.002, Human Resources Code.
(4) "Forest land" means land on which the trees are
potentially valuable for timber products.
(5) "Agricultural land" has the meaning assigned by
Section 75.001, Civil Practice and Remedies Code.
(6) "Superfund site" means a facility that:
(A) is on the National Priorities List
established under Section 105 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Section 9605); or
(B) is listed on the state registry established
under Section 361.181, Health and Safety Code.
(c) It is a defense to prosecution under this section that
the actor at the time of the offense was a fire fighter or emergency
medical services personnel, as that term is defined by Section
773.003, Health and Safety Code, acting in the lawful discharge of
an official duty under exigent circumstances.
(d) An offense under Subsection (e) is a Class C misdemeanor
unless it is committed in a habitation or unless the actor carries a
deadly weapon on or about the actor's person during the commission
of the offense, in which event it is a Class A misdemeanor. An
offense under Subsection (a) is a Class B misdemeanor, except that
the offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center; or
(B) on a Superfund site; or
(2) the actor carries a deadly weapon on or about his
person during the commission of the offense.
(e) A person commits an offense if without express consent
or if without authorization provided by any law, whether in writing
or other form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of
the boundary of the land when apprehended; and
(3) had notice that the entry was forbidden or
received notice to depart but failed to do so.
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category the person was
carrying.
by Kythas
Tue May 06, 2008 8:00 am
Forum: General Texas CHL Discussion
Topic: Trinity Medical Center
Replies: 10
Views: 2171

Trinity Medical Center

Trinity Medical Center in Carrollton is posted with the following signs at every entrance:

"Carrying of a Concealed Handgun on these Premises is Prohibited and Violators will be Arrested for Criminal Trespass.
-----------------
Deportar una arma oculta es prohibido en este lugar y violadores seran arrestados por trespaso criminal.
-- Texas Penal Code Section 30.05(a)/Penal de Tejas Seccion 30.05(a)"

Does this legally prohibit a CHL holder to carry? I know it's not a 30.06 sign, but I'm not entirely sure what the 30.05(a) is about.

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