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November 3rd, 2014

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The women of ‘Twin Peaks’ re-imagined as Sailor Jerry style pin-ups

December 21st, 2014

The women of ‘Twin Peaks’ re-imagined as Sailor Jerry style pin-ups | Dangerous Minds.

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Probation Dept. Could Force Man to be Homeless Over Dismissed Charge

December 19th, 2014

Listen to the latest Bad Cop News roundup with COP BLOCK

Probation Department misconductThis post, concerning a case of official misconduct and/or incompetence in Dutchess County, New York, was submitted by “Captain Six” via the Cop Block submission page and originally published anonymously at the “Hudson Valley Wire“. It involves actions taken by employees of the Dutchess County Probation Department, based on a charge that was already dismissed and that could ultimately result in someone becoming homeless.

According to Director Mary Ellen Still, their “goal is to assist the youth and adults under our supervision to become law abiding and responsible members of the community.” That hardly seems to be the case here, though. Homeless individuals, as well as those with homes that are living in poverty, are already heavily targeted by police and the courts. Perpetuating such conditions, based on charges that have already been dismissed, hardly seems to be a way to assist anyone to “become law abiding and responsible members of the community.”

Date of Incident: September, 2014
Individuals Responsible: Unknown Probation Officers employed by the Dutchess County Probation Department.
Outfit Involved: Dutchess County, NY Office of Probation and Community Corrections
Phone No.: (845) 486-2600
Fax No.: (845) 486-2676
Email: probation@dutchessny.gov
Area Cop Block Affiliate:  There are multiple Cop Block Affiliates in New York. To find the appropriate local group in your area, consult the Cop Block Groups page.

The following was submitted by a viewer who wishes to remain anonymous, for fear of retribution:

I have been struggling with homelessness for the past several months. I was once a middle-class citizen, who was born and raised here in Dutchess county. My family roots go back to the first Dutch settlers in the 1600’s, in fact. Yet I can’t even afford a rental on the long road that was once the long driveway of my old “Van” ancestors. The reasons for my homelessness is a storied tale, that doesn’t happen all at once, and might be left to another article. But today’s submission, is about how I am being made homeless yet again, by an indirect order from a public agency.

A few months ago, I was literally living on the streets for a time. An old friend from high school had the heart to take me in, and rent a space to me in her basement for the small pittance that I get for housing from an emergency benefit from New York State. (What “welfare” gives you is $216 a month. Good luck finding a rental for that much.) Sadly, not a month had gone by, and some family court issue on her end, left me homeless yet again.

A few days passed, and another friend of mine from my old high school days told me that he had an spare room. He basically used it as a slop den for his pets. I was not at all picky, and moved in with the agreement that I would pay him all of my housing benefit amount, plus another hundred dollars. I bought a mop and bucket, and turned the kennel room into a liveable space.

There was a catch though. My friend is on misdemeanor probation. So before I moved in, I asked him to clear this with his probation officer. The PO told him that since I am not a felon, not on probation or parole, and since I have no open cases pending, that he could not “violate” him on the terms of his probation. I moved in the next day.

I have since shifted over my legal address to the new residence, and I claim a housing benefit from social services in order to make partial payment for the room as well as access to the kitchen and bathroom. I make up the difference by spending my cash allotment for things like transportation and laundry, on rent to my roomate. These services are meant to get me back on my feet, and I am doing my best to do that.

Unfortunately, the probation department doesn’t see it that way. Since I have moved in, the department of probation has threatened to violate my roommate/landlord, for renting a room to me. I have called his PO several times, but he didn’t return any of my calls until today. Essentially he told me that “P*****k knows what he has to do” and would not give me any reason why I should be evicted, citing confidentiality. However, confidentiality did not prevent them from showing images of myself as well as my arrest record on unfounded charges, in order to establish defamatory statements against me by the agent, as well as his supervisor.

Now just to be clear here. I am not a felon, I am not on probation or parole, I have no open cases pending. Admittedly though, I do have an arrest in the last year, for which the charge was dismissed in a local town court.

The question then becomes, can the department of probation make me homeless once again, because I was arrested on a charge that was dismissed? Can they send a man to jail, at huge taxpayer cost, two months before his probation is finished, for renting a room to a man who was once a first-responder and a state-licensed officer, but happened to have a misunderstanding with the judicial system?

Probation Dept. Could Force Man to be Homeless Over Dismissed Charge is a post from Cop Block – Badges Don't Grant Extra Rights

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PsiOp-Radio Returns This Sunday Night at 7pm CST

December 19th, 2014

PsiOp-Radio

Join Hosts Mack White and SMiles Lewis

LIVE from Deep in the Heart of EBOLA COUNTRY

Sunday, December 21st at 7pm CST

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Is Colombia a new UFO hotspot? – Spacing Out! Ep. 101

December 19th, 2014

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Tyranny is Alive and Well in Hamilton, TX

December 19th, 2014

Listen to the latest Bad Cop News roundup with COP BLOCK

This was submitted to Cop Block via the /submit tab on 12-12-2014 by someone requesting to remain anonymous out of fear of retaliation. He cites numerous personal experiences, disturbing double standards and outlines his attempts at obtaining accountability peacefully through open letters, calling out the individual aggressors as well as actively seeking other forms of transparency.
Minor editing  for easy readability respectfully provided by Toni Bones.

Aggressor: Officer Justin Slone, Badge #151
If compelled, calmly and assertively express your thoughts on the ‘services provided’  to those calling themselves the ‘city of hamilton’ at 254-386-3805

 

He begins his submission with these quotes followed by this open letter to his community.

Merriam-Webster’s definition of tyranny is as follows:
“tyr·an·ny noun \ˈtir-ə-nē\
cruel and unfair treatment by people with power over others

“All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
Edmund Burke

“There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.”
Charles de Montesquieu

“Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.”
“A society that will trade a little liberty for a little order will lose both, and deserve neither”
“When injustice becomes law, resistance becomes duty.”
Thomas Jefferson

Tyranny is alive and well in Hamilton, Texas.

This is the exact paperwork I filed with the city employee complaint form.
Dear Hamilton, Tx Residents and Officials,

I am, ***, and I live at ****, Hamilton, TX 76531. I am a Disabled Veteran, who served proudly as a Navy Hospital Corpsman. In my job description my duties included caring for the health and well-being of my marines. When I say, My Marines, I consider every marine I’ve ever served to be mine and felt it was my responsibility to take care of them regardless of risk and even my life. I’ve been to Navy Boot Camp, Navy Medical School, at the Naval School of Health Sciences, at the Naval Hospital Balboa, San Diego, CA. Then I moved up to Marine Base, Camp Pendleton to Field Medical Service School(FMSS),  or in layman’s terms, “Combat Medical School”.
My entire career I served with the Marine Corps and many different units within those ranks. I’ve been to Marine Corps Network Security School and Marine Corps Safety School. I’ve been to almost every survival school they let me go too due to the necessity of learning how to treat wounded marines in various environments.

I am a veteran of the Persian Gulf War and honor all who have gone before to give us the freedoms we so cherish in America. I didn’t do all that I did,  abuse my body and become 100% disabled (yet only 80% on paper) to sit by and let my cities ‘law enforcement’ go tyrannical. I have never lost a marine, but if I had and I didn’t do something that I was taught to do  then I would be held accountable  for not following regulations… even if I had forgotten them…there are no excuses when dealing with lives.

I expect no less from local law enforcement officers. We can’t worry about the big tyrannical government in Washington D.C. when we are seeing signs of it even in our small little Texas community. The citizens must rise up and stop any form of tyranny before it escalates or we will  become accustomed to their tyrannical rule.

I am not willing to live under a nazi form of rule. I didn’t fight for that and no patriot did. We have to hold our law enforcement officers to the highest standards of the laws that they are given the authority to enforce. They need to understand the laws they are hired to enforce. I’m sorry to tell you but these officers have shown themselves to either be ignorant of the laws or blatantly abusing their authority…Neither is a good thing for the residents of Hamilton, Tx.

They need to understand that they are “servants” of the citizens and not the authoritative rulers over the people of Hamilton, Tx. I’ve been warned that this letter may heat things up and invoke retaliation from the exact people I’m referring too. I would hope this is not  the case and I will take legal action if necessary.

I only expect the law enforcement officers to obey the laws that they are given the authority to enforce. If we can’t have that kind of protection and freedom combined, then why do we pay them? I don’t think anyone in Hamilton, Tx wants tyrannical law enforcement and most are not even aware this is going on. It is kept very quite when the local law enforcement repeatedly breaks the law… but we the people talk to each other.  Most will not complain to the actual law enforcement office due to retaliation. If that is really a problem, then we are already in very serious trouble.

While you may not be aware of any personal retaliation, my cases below may make you think otherwise. Remember, I’m a disabled veteran who faithfully served this country and gave my oath to defend her from ALL enemies, foreign and domestic. Domestic police are getting out of hand and if we don’t make them obey their own laws and stop enforcing illegal laws, which will be explained more below, then we need to get ready for an authoritative nazi rule.

and I won’t have that. Not while I’m still alive.
As a citizen of the United States, the State of Texas and the City of Hamilton, Texas, I have a “duty” to resist tyranny. The Hamilton Police Department and the Hamilton Sheriff Department have some serious problems. The sole purpose of this open letter is to inform others of the situations happening under their noses and that too few are doing anything about it. The officials in this city and county have gone tyrannical. I can’t say if it is the entire staff or just a few rogue officers. Either way, it needs to be addressed and taken care of before it gets even more out of hand.

I’ve personally talked with the Chief of Police of the Hamilton Police Department and he thinks his officer did nothing wrong. To me this means that he doesn’t understand the laws he vows to enforce. We are a country of laws and when the ones given authority to enforce the law don’t understand or respect them, then we are all in trouble. I don’t want to see one other person in Hamilton, Tx stopped and harassed for doing nothing wrong. I don’t want officers thinking they can do as they please because they wear a badge. That badge can be taken away when abused and I expect action against all involved.

I’ve sent emails to the sheriff asking for roster sheets of the classes being taught to the local law enforcement officers. I want to be sure that they understand the laws they are given the authority to enforce and to respect the constitutional rights of citizens. I was not given even one response. I emailed the local newspaper to inform the editor about doing a story and even went to the trouble of emailing both reporters yet nothing was done. However, I did hear the editor of the local newspaper is good friends with the local sheriff so that no bad publicity  will come from a reporter or let through by the editor.

This means that this problem in Hamilton goes deep. The law is being manipulated and broken by law enforcement officers who claim to know the law and have yet to show any regard for the law themselves.

Case #1
Sheriff Deputy Caraway owned the house at 207 Standifer. He had a renter threatening to shoot me and then was stalking my wife and I from outside of our bedroom window… all over their dog being in my yard and chasing rescued cats. Knowing Deputy Sheriff Caraway owned the house, I called and got the dispatch to connect me to him. When I informed him of his renter and his actions, his response was…”what do you want me to do about it?” I said “I thought you owned the house, were the law and would take care of it” His response was “Call the sheriff” and hung up on me. My wife and I called the sheriff. He came out and checked everything. I even told him I’d taken pictures of the footprints and the dogs footprints outside our window. The people moved awhile later and I never heard anything about them even being talked to about the matter.

Case #2
I’ve already had Sheriff Deputy Caraway officially reprimanded for handcuffing me because I didn’t show him my ID. Texas Penal Code, 38.02 states that unless a citizen has committed a crime or suspected of committing a crime, does an ID have to be shown, especially when not operating a motor vehicle. Driver’s license are solely for the purpose  drive in the state. I also informed Sheriff Deputy Caraway that he was breaking the law and my constitutional rights. He became angry, lied and said “YOU HAVE TO SHOW ID IN TEXAS, IT’S THE LAW”. That is a blatant lie backed up with the Supreme Court decisions , Texas Penal Code and the Constitution.

Case #3
On another occasion, my wife and I heard some girls fighting at the football field parking lot. When we looked they were hitting each other and one ended up pushing the other into her SUV  punching her. We called 911. I reported the incident and not only did they not show up, but they didn’t even ask me what happened, who was fighting or if anyone was hurt. The craziest thing was…I even had pictures that they never even looked at.
I saw a Daycare Center on my way to deliver toys to the Extraco Bank Christmas Toy Drive. It was over, but the toys had just been picked up from the bankto take to Mrs. Bee at the CPA Office which is located across the street from K-6 Machining Shop on N Hwy 281.  I saw the Daycare Center with no children outside. I stopped to ask if they wanted some new in the box toys for the kids. She said in a hateful manner…”I don’t want anything from you”.   Soon after going to the Daycare Center on FM932, across from the Huts for Muts house where the lady  was very nice and a little girl even asked me to come in. I refused due to the children being in the house, but the lady was very nice and accepted the toys.  “Thank You, Very Much”.  Not at all the same reaction from the other “rude” female Charlie, at the previous Daycare.

I then decided to go to the First Baptist Church to see if they had needy kids or some toys for the nursery children. That is when the Badge #151 drove up behind me after following me for 6 city blocks from the football field.  Justin Slone, Badge #151 informed me that I was getting a “Notice of Criminal Trespass”.

The Constitution of the United States and the 4th Amendment state that I have the right to go about my daily business, without being interfered with by the tyrannical police when I’ve committed no crime. My rights were also violated when he broke his own oath of office….Which states he must do everything according to the law.  I broke no law by driving up and offering free toys!!! I was lied to and told it was not an official citation, so I had nothing to worry about even though I was issued the official “Notice of Criminal Trespass” form.  When I asked if it would be entered into my official file he stated “Yes”. I informed the officer on multiple occasions that what he was doing was wrong. I expressed that I knew it and he knew it, too and he just didn’t care. He proceeded to issue me the “Notice of Criminal Trespass”.

One citizens paranoia does not justify the police chasing down an innocent christmas toy donator. The officer saw the toys I was donating to the First Baptist Church and I informed him I’d donated to the bank, The Hamilton Healthcare Center for Kids in the E.R. going through Trauma,  and to other daycare facilities. I donated my entire collection of Hot Wheels, valued at approximately $5,000.00.  Also about 1,000 Toys, individually wrapped in the original packages to be rewarded with being illegally cited for doing nothing wrong. This would make any person angry. I almost started crying it hurt my feelings so bad. I’ve been mentally and physically distraught this entire weekend and find no other options but to inform my community of the entire situation. That is a kick in the heart to know they have no respect or love for the freedoms we veterans so hardly fought for.  A veteran would not harm the people he freely went and served to protect. He would give his/her own life to protect the citizens of America and yet we get treated with disrespect and no honor whatsoever. I don’t want honor or recognition for myself. I want to live in a city that respects people of all walks of life and to be treated equally and justly, nothing more, nothing less.

Laws I Broke: NONE
Laws Officer Justin Slone broke
1. My Constitutional Rights, in the 4th Amendment.
2. Texas Penal Code – Section 30.05. Criminal Trespass – Law used inappropriately, when no crime had been committed.
3. Police Officers’ Oath of Office – which the Officer swore to GOD to enforce the Law, “According to Law”, and the Officer did neither.
4. Police Officer Lied to “We The People”, His Employers, in the line of his duties, which he took an Oath to “TRULY SERVE”. True Servitude does NOT come with Tyrannical Actions towards the Citizen’s he serves.

I am demanding that the Hamilton County law enforcement officials to take steps to prosecute this officer as he knowingly violated and broke his police oath. I am also demanding to have each and every instance of official paperwork on each matter be removed from my official records to reflect the truth. I committed no crime and expect my record to reflect such. It is the only just and right thing to do. I am obligated as a citizen of Texas to inform the people of the misuse of power

. We, as Hamilton residence, deserve to have police that understand and study the laws in which they are given authority to enforce. If just these cases were it, it might not be so bad, but this is just the tip of the iceberg from what the local citizens talk about. For instance, Sheriff Deputy Caraway has been talked about peeling out of Rangler’s on Hwy 36 and never turned on any emergency lights. They are required for excessive speed. The same Officer went through the recently purchased “Drivers’ License” building parking lot at a high rate of speed while the owners’ grandson, a very young child, was in the same parking lot playing.

The stories go on and on and that should NOT be the case.

Please take action against these officers who knowingly break the law. Ignorance of the law from an officer unacceptable. We as citizens are expected and even ticketed if we do not obey the laws, but yet the one’s enforcing the laws are breaking them over and over.

“All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
Edmund Burke

I will not remain silent as long as tyrannical law enforcement are walking the streets. I never fought for my country to become THIS. I have to stand up and fight for myself, my family, my friends and even the people of Hamilton, Tx.

I don’t know you but you deserve to be ruled fairly and justly according to the laws established by our forefathers. Stand with me and take action. Record every occasion you can , not to be rude, but to have accountability on both sides. It protects all involved and stops tyrannical behavior when evidence is being gathered against either party involved.

Let’s get everything going in a positive direction and start to appreciate and respect ourpolice, not hate and begrudge them due to their actions. The respect for law enforcement has dwindled and now people are afraid to even call the police due to what might happen. With this bunch, I don’t blame them. Let’s get some positive change and everyone can live in peace and justice and harmony with each other again. Let’s take action where action is due and let the people live freely and at peace.

10703816_556007434531484_1541217713870007424_n
The Police officers Oath:

“I……………………DO SWEAR,, THAT – I WILL WELL AND TRULY SERVE – OUR SOVEREIGN COUNTRY AND STATE – AS A POLICE OFFICER WITHOUT FAVOR OR AFFECTION – MALICE OR ILL-WILL – UNTIL I AM LEGALLY DISCHARGED, THAT I WILL SEE AND CAUSE OUR COMMUNITY’S PEACE TO BE KEPT AND
PRESERVED – AND THAT – I WILL PREVENT TO THE BEST OF MY POWER – ALL OFFENSES AGAINST THAT PEACE – AND THAT – WHILE I CONTINUE TO BE A POLICE OFFICER – I WILL – TO THE BEST OF MY SKILL AND KNOWLEDGE – DISCHARGE ALL THE DUTIES THEREOF – FAITHFULLY – ACCORDING TO LAW.
SO HELP ME GOD.”

  If a Law Enforcement Officer stops and asks for ID and you’ve committed NO Crime, NO ID has to be given and by them stopping you, they are committing the crime of Search(Asking for ID) & Seizure(because they stopped you from your normal daily business when no crime was committed)
U.S. Constitution – Amendment 4
Amendment 4 – Search and Seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Only give a Law Enforcement Officer an ID if you have committed a criminal offense and don’t forget the word “Lawfully Arrested”…so if you have not committed a crime and not lawfully arrested, no ID is required to be given.
TEXAS PENAL CODE: CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
§ 38.02. FAILURE TO IDENTIFY.
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.
“Unfortunately, this is not unusual for Texas. Police officers in this state have an idea that they have the right to identify anyone at anytime for any or no reason. The courts have repeatedly slapped them down on this.
“The application of Tex. Penal Code Ann., Tit. 8, § 38.02 (1974), to detain appellant and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe appellant was engaged or had engaged in criminal conduct.
Accordingly, appellant may not be punished for refusing to identify himself, and the conviction is Reversed.” Brown v. Texas, 443 U.S. 47 (1979).
“It is clear petitioner was arrested and convicted for his refusal to answer Officer Jennings’ question requesting that petitioner identify himself. This is impermissible even in the context of a lawful investigatory stop.” Spring v. Caldwell, 516 F. Supp. 1223 (S.D. Tex. 1981), reversed on other grounds 692 F.2d 994 (5th Cir. 1982).
“First, Officer Lowe obtained identification from each occupant of the automobile though he had no legal basis whatever for demanding them.” Lewis v. State, 664 S.W.2d 345 (Tex. Crim. App. 1984).
“Moreover, the Supreme Court has previously dealt with a case in which Texas police officers demanded that an individual identify himself even though they had no reasonable suspicion that he had committed a crime. In Brown v. Texas, the Court [11] ruled that Texas Penal Code Ann. § 38.02 (a), as enacted by the Texas legislature in 1974, was unconstitutional because it allowed an officer to stop and demand identification of an individual without any specific basis or belief that he was involved in criminal activity.” Weddle v. Ferrell, No. 3:99-CV-0453-G, 2000 U.S. Dist. LEXIS 2659, 2000 WL 256891 (N.D. Tex. 2000).
“Officers have the right to conduct an investigation of a driver following a traffic violation, but do not have authority to investigate a passenger without reasonable suspicion.” St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007) (holding that arrest of passenger for failure to identify not valid absent legal detention).

Yet we still see police officers demand identification in Texas and threaten arrest (or actually make arrest) on failure to identify when, in fact, no offense has occurred.

Knowledge is Power!!!
Study and Know The Law!!!
God Bless, Take Care and as Always, Stay Safe!!!
A Very Concerned Disabled Veteran to the People of Hamilton, Tx and Hamilton County,
I may not agree with what you say, but I will defend to the death your right to say it. - Voltaire

Sources:
#1 For any Citation or Warning to be given to a Citizen, there are the 2 First Questions only to answer:
1. “Had notice that the entry was forbidden”…NO, it was a Daycare and I was there only to see if they wanted a Donation of Toys, nothing else.
2. “Received notice to depart but failed to do so”…NO, I left as soon as she was rude and told me to leave and never went back or had any reason to go back, so no need in the Police getting involved.
Texas Penal Code – Section 30.05. Criminal Trespass
§ 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.
(7) “Critical infrastructure facility” means one of
the following, if completely enclosed by a fence or other physical
barrier that is obviously designed to exclude intruders:
(A) a chemical manufacturing facility;
(B) a refinery;
(C) an electrical power generating facility,
substation, switching station, electrical control center, or
electrical transmission or distribution facility;
(D) a water intake structure, water treatment
facility, wastewater treatment plant, or pump station;
(E) a natural gas transmission compressor
station;
(F) a liquid natural gas terminal or storage
facility;
(G) a telecommunications central switching
office;
(H) a port, railroad switching yard, trucking
terminal, or other freight transportation facility;
(I) a gas processing plant, including a plant
used in the processing, treatment, or fractionation of natural gas;
or
(J) a transmission facility used by a federally
licensed radio or television station.
(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;
(B) on a Superfund site; or
(C) on or in a critical infrastructure facility;
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.
Text of subsec. (g) as added by Acts 2005, 79th Leg., ch. 1093.
(g) This section does not apply if:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and
(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a special investigator under Article 2.122, Code of
Criminal Procedure, regardless of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon.
Text of subsec. (g) as added by Acts 2005, 79th Leg., ch. 1337.
(g) It is a defense to prosecution under this section that
the actor entered a railroad switching yard or any part of a
railroad switching yard and was at that time an employee or a
representative of employees exercising a right under the Railway
Labor Act (45 U.S.C. Section 151 et seq.).
Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 1093.
(h) For purposes of Subsection (g), “recognized state”
means another state with which the attorney general of this state,
with the approval of the governor of this state, negotiated an
agreement after determining that the other state:
(1) has firearm proficiency requirements for peace
officers; and
(2) fully recognizes the right of peace officers
commissioned in this state to carry weapons in the other state.
Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 1337.
(h) At the punishment stage of a trial in which the attorney
representing the state seeks the increase in punishment provided by
Subsection (d)(1)(C), the defendant may raise the issue as to
whether the defendant entered or remained on or in a critical
infrastructure facility as part of a peaceful or lawful assembly,
including an attempt to exercise rights guaranteed by state or
federal labor laws. If the defendant proves the issue in the
affirmative by a preponderance of the evidence, the increase in
punishment provided by Subsection (d)(1)(C) does not apply.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 3, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 2385, ch. 596, § 1, eff. Sept.
1, 1981; Acts 1989, 71st Leg., ch. 139, § 1, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 308, § 1, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 24, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg.,
ch. 1229, § 1, 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
161, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 169, §
1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 765, § 1, 2,
eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, § 16.002,
21.001(94), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1078,
§ 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1178, § 1,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14B.001,
eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1093, § 3, eff.
Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1337, § 20, 21, eff.
June 18, 2005.

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