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Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 2:37 am
by CoffeeNut
Does the retention training amendment mean I won't be able to OC until after I renew my CHL?

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 5:35 am
by Glockster
CoffeeNut wrote:Does the retention training amendment mean I won't be able to OC until after I renew my CHL?


That amendment was tabled so that won't be a requirement.

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 5:49 am
by TexasCajun
Glockster wrote:
CoffeeNut wrote:Does the retention training amendment mean I won't be able to OC until after I renew my CHL?


That amendment was tabled so that won't be a requirement.
No, that amendment will be added to the bill. But it won't apply to existing chl since we have no renewal class. It will affect new chl taking the class and instructors - which is why the law won't take effect until Jan.

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 5:57 am
by Glockster
TexasCajun wrote:
Glockster wrote:
CoffeeNut wrote:Does the retention training amendment mean I won't be able to OC until after I renew my CHL?


That amendment was tabled so that won't be a requirement.
No, that amendment will be added to the bill. But it won't apply to existing chl since we have no renewal class. It will affect new chl taking the class and instructors - which is why the law won't take effect until Jan.
My bad - I misread and thought the above was asking about Amendments 5 & 6 for the holster so thought I was answering that.

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 6:13 am
by juno106
I am more concerned with Sen Huffman's amendment which purports to synch SB17 with SB11, in the event both are enacted.

I think Sen. West(?) offered an amendment to Sen Huffman's amendment. Something about adding "knowingly" to "intentionally", or vice-versa.

Charlie indicated that this would make it easier to prosecute.

I know last session we did away with "printing".

But, given the extreme anti-gun atmosphere that pervades most college & universities (Adm. McRaven), I am concerned about the threshold and penalties for either printing (in spite of last session's gains), or brief accidental display (suit jacket opens up while using a shoulder holster).

I fear the only way to ensure protection from a witch-hunt, would be total enclosure of the firearm, in some type of (quasi) off body carry (purse, fanny pack).

I "assume" that since open carry will not be permitted at an educational institution, the criminal penalty would be the same as exists now for conceal carrying there, a felony. So, for an aggressive prosecutor, printing or a brief accidental exposure, would also be a felony.

Just my $0.02

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 7:41 am
by jayinsat
Forgive my legislative ignorance, did OC pass? Are we just waiting for Gov. Abbott to sign it into law?

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 7:47 am
by RHenriksen
jayinsat wrote:Forgive my legislative ignorance, did OC pass? Are we just waiting for Gov. Abbott to sign it into law?
Not yet. It needs a final vote in the Senate (where it was being debated yesterday), then it needs to be approved in the House, *then* it would go to the Governor for his signature.

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 7:53 am
by e-bil
I guess the next question is when does the House take this up and Strauss make this die in committee again?

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 8:07 am
by gsansing
e-bil wrote:I guess the next question is when does the House take this up and Strauss make this die in committee again?
HB 910 will have its hearing in the House today.

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 8:08 am
by jayinsat
RHenriksen wrote:
jayinsat wrote:Forgive my legislative ignorance, did OC pass? Are we just waiting for Gov. Abbott to sign it into law?
Not yet. It needs a final vote in the Senate (where it was being debated yesterday), then it needs to be approved in the House, *then* it would go to the Governor for his signature.
:tiphat:

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 8:12 am
by RHenriksen
gsansing wrote:
e-bil wrote:I guess the next question is when does the House take this up and Strauss make this die in committee again?
HB 910 will have its hearing in the House today.
It'll have a hearing in a House *committee*, not on the floor of the House for a final vote. Big difference. It *should* pass out of committee, but in order to go from there to the floor, it has to be scheduled via the calendar committee. That's where it could get hung up.

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 9:05 am
by DocV
juno106 wrote:I am more concerned with Sen Huffman's amendment which purports to synch SB17 with SB11, in the event both are enacted.

I think Sen. West(?) offered an amendment to Sen Huffman's amendment. Something about adding "knowingly" to "intentionally", or vice-versa.

Charlie indicated that this would make it easier to prosecute.

...
The phrase is
and intentionally or knowingly displays the handgun in plain view of another person
My inner logician says the wording is redundant as one who 'knowingly' displays a handgun does so intentionally and one who 'intentionally' displays a handgun does so knowingly. However, I realized legislators dance to a different order of logic after I watched the debate on the floor :lol:

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 9:34 am
by Charles L. Cotton
DocV wrote:
juno106 wrote:I am more concerned with Sen Huffman's amendment which purports to synch SB17 with SB11, in the event both are enacted.

I think Sen. West(?) offered an amendment to Sen Huffman's amendment. Something about adding "knowingly" to "intentionally", or vice-versa.

Charlie indicated that this would make it easier to prosecute.

...
The phrase is
and intentionally or knowingly displays the handgun in plain view of another person
My inner logician says the wording is redundant as one who 'knowingly' displays a handgun does so intentionally and one who 'intentionally' displays a handgun does so knowingly. However, I realized legislators dance to a different order of logic after I watched the debate on the floor :lol:
If the terms "intentionally" and "knowingly" were not defined in the Code, then I would agree. However, they are defined. There's a reason SB60 (1995) was drafted such that the culpable mental state required to convict a person of failure to conceal was intentional conduct. It's much easier for the state to prove a person acted "knowingly" because of the difference in the statutory definitions.

Chas.
Tex. Penal Code ยง6.03 wrote:Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 9:48 am
by RogueUSMC
Charles L. Cotton wrote:The Houston Chronicle's online version posted an article about SB17 passing to engrossment. Note the photo they ran with the article.

Chas.

http://www.chron.com/news/politics/texa ... 136705.php" onclick="window.open(this.href);return false;
Is it me or does that look like TAM's hat on the left?...lol

Re: SB17 OC Bill On Intent Calendar for 3-16-2015.

Posted: Tue Mar 17, 2015 9:54 am
by RPBrown
Okay, I did not get to hear any of the discussions yesterday and now I am confused (not unusual though).
As I understand it, the amendment to require a retention holster was tabled. However there was an amendment that requires additional training added to new classes on proper retention of firearms. Is this is correct? and if so, WHY the additional class requirements? :headscratch :headscratch
Sounds like typical bureaucracy to me.