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Disaster

Mar 19
Love7
COVID-19 State Orders Texas

What Happens if I Refuse to Obey the COVID-19 Orders?

By Criminal Defense

Texas Legal Consequences During the Coronavirus Pandemic

COVID-19 State Orders TexasWith the declaration of a state of disaster in Texas by Governor Greg Abbott on March 13,2020 comes some new consequences that Texas citizens need to be aware of.

We previously posted a blog addressing enhancements that have gone into place for certain criminal offenses. But, there are also new laws activated as a result of state, local and interjurisdictional emergency management plans.

Broadly speaking, Texas Government Code (TGC) 418.173 establishes a penalty for citizens failing to comply with emergency management plans.

Specifically, TGC 418.173 states:

(a)  A state, local, or interjurisdictional emergency management plan may provide that failure to comply with the plan or with a rule, order, or ordinance adopted under the plan is an offense.
(b)  The plan may prescribe a punishment for the offense but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.

Most local Texas governments have already established emergency management plans. County Judges in Dallas and Austin, for example, have published their Orders regarding these plans on their local websites and are regularly amending them.

The Emergency Order for Tarrant County can be found here.

It’s important that citizens know that with the disaster declaration in effect, violation of these Orders can result in a person being arrested. For practical purposes, that means that if local government is limiting community gatherings and business closures, a violation of those Orders could result in an arrest.

Information coming from our local government is changing on almost a daily basis now. Check with your local jurisdiction for their emergency management plans and be aware of the consequences of violating those plans.

There are a number of special powers and provisions established with the declaration of a statewide emergency effecting many different areas of law. The full text of the extent of those can be found in Chapter 418 of the Texas Government Code.

Mar 17
Love3
Disaster Declaration Texas Criminal Law

Criminal Law Enhancements During a State of Disaster

By Criminal Defense

Disaster Declaration Texas Criminal LawOn March 13, 2020, Governor Greg Abbott declared a state of disaster in Texas in response to the COVID-19 pandemic. For the purposes of criminal law in Texas, that disaster declaration triggered the provisions of Texas Penal Code (TPC) 12.50.

What are the Criminal Law Implications During a State of Disaster?

In general, TPC 12.50 states that for the offenses listed below, if committed during the declaration of a state of disaster, the punishment level for these offenses is increased to the next higher category for that offense. For example, if a Theft charge would normally be punished as a Class B misdemeanor (0 – 180 days in jail and up to $2,000 fine) then it would be increased to a Class A misdemeanor (0 – 365 days in jail and up to $4,000 fine) if it is committed during the time of the declared disaster.

Specifically, 12.50 applies to the following offenses:

  • Assault and Domestic Violence (TPC 22.01);
  • Arson (TPC 28.02);
  • Robbery (TPC 29.02);
  • Burglary (TPC 30.02);
  • Burglary of Coin-operated or Coin Collection Machines (TPC 30.03)
  • Burglary of Vehicles (TPC 30.04);
  • Criminal Trespass (TPC 30.05); and
  • Theft (TPC 31.03)

TPC 12.50 is limited by the following provisions:

For the offenses of Assault, Burglary of Coin-operated/Coin Collection Machines, Burglary of Vehicles, Criminal Trespass or Theft, if the offense committed would normally punished as a Class A misdemeanor, then during the emergency declaration the minimum term of confinement is increased from 0 to 180 days in a county jail.

For the offenses of Arson, Burglary, and Criminal Trespass, if the offense committed would normally be punished as a First Degree Felony, then there is no enhancement.