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Archive for August, 2009
• Felix Onate Ascacio, aggravated assault with a deadly weapon;
• Jimmy Don Baker, possession and transport of chemicals with the intent to manufacture a controlled chemical, repeat offender;
• Kelli Sue Bertram, AKA Kendra Cooper, unauthorized use of a motor vehicle and forgery of a financial instrument;
• Quayshawn Mykale Bledsaw, engaging in organized criminal activity, two counts;
• Kenneth Lee Borders Jr., burglary of a habitation;
• Gerald Russell Bridgers, failure to register or maintain registration as a sex offender, repeat offender;
• Christopher Charles Brown, evading arrest or detention with a motor vehicle, deadly weapon finding;
• Darrell Wayne Buhrmester, possession of a controlled substance, PG 1, less than one gram;
• Lucas Max Dicken, unauthorized use of a motor vehicle;
• Dewayne Joshua Dutton, unauthorized use of a motor vehicle;
• Johnny Ray Gilbert, theft of property, more than $1,500 but less than $20,000, and misapplication of fiduciary property, more than $1,500 but less than $20,000;
• Xavier Deon Gordon, engaging in organized criminal activity, two counts;
• Jerry Edward Harris II, burglary of a building;
• Dequan Tarza Henderson, burglary of a habitation with intent to commit another felony;
• Melody Sue Hines, securing execution of document by deception, more than $1,500 but less than $20,000;
• Ruth Jackson, securing execution of document by deception, more than $1,500 but less than $20,000;
• Jeffery Andrew Jones, aggravated assault with a deadly weapon, three counts;
• David Cade Kenemore, debit or credit card abuse, repeat offender;
• Steven Gay Lewis, driving while intoxicated, third or more;
• Zackery Dale Luckett, forgery of a financial instrument;
• Angela Diane Maxey, theft of property, more than $1,500 but less than $20,000;
• James Edward McDonald, burglary of a habitation;
• Ronnie Stefon Miller, burglary of a habitation;
• Lebroderick Kevon Norman, burglary of a habitation; burglary of a building, three counts;
• Harold Wayne Patton Jr., forgery of a financial instrument, repeat offender;
• Jamie Lee Reavis, burglary of a habitation;
• Bryan Paul Seymore, possession of a controlled substance, PG 1, less than one gram in a drug free zone;
• Timothy Len Shehan, possession or transport of chemicals with intent to manufacture a controlled substance;
• Timothy Austin Vaughan, possession of a controlled substance, PG 1, less than one gram in a drug free zone;
• James Vineyard, theft of property, more than $1,500 but less than $20,000;
• Alexander Charles Waddle, engaging in organized criminal activity, two counts;
• Carla Delaine Wall, credit card abuse, repeat offender; fraudulent use or possession of identifying information, repeat offender, two counts, and
• Joshua Brian Weger, burglary of a building.
Fannin County man wins one of three appeals
BONHAM — Allan Ray Shipp has won one of three appeals in his conviction on three separate counts that involved a trip to Walmart in Bonham.
Shipp was convicted of possession of a controlled substance, forgery of a government instrument and forgery of a commercial instrument.
The 6th Court of Appeals in Texarkana heard his appeals against all three counts.
Shipp challenged the sufficiency of the evidence to support the convictions and claimed an error in the trial court’s order cumulating his sentences.
The state moved to consolidate the three indictments and try Shipp in a single criminal action.
The appeals court said Shipp did not object or move to sever any of the actions, and a Fannin County jury found him guilty of all three charges and sentenced him to 60 years imprisonment on the possession charge, 25 years for the forgery of a government instrument charge and 20 years and a $10,000 fine for the forgery of a commercial instrument charge.
Shipp claimed in his appeal the state should not have consolidated the three charges.
The appeals court affirmed the conviction on the possession charge, but found no evidence to sustain the finding the possession of a controlled substance occurred within 1,000 feet of a school zone and vacated that finding.
It overruled Shipp’s argument in the charge of forgery of a government document, a false driver’s license, but modified the order to provide that the sentence will run concurrent with the sentence in the possession charge.
The appeals court did reverse the conviction involving a forged receipt.
In doing so, it ruled: “Because we did not find the forged receipt in this situation to fall within the definition of a ‘commercial instrument,’ we reverse Shipp’s conviction for this charge.”
New Texas Laws for September 1, 2009
HB 2730 is the DPS’s Sunset Legislation, and many of the DPS-related bills this session were included in HB 2730. Notable traffic and criminal laws that go into effect on Sept. 1 (unless otherwise indicated) include*:
Seatbelts:
HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.
SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is at least 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.
Driving:
HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call.
HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100. Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.
HB 2730 allows a new Texas resident to operate a vehicle without a Texas license for 90 days instead of the current 30. (This provision went into effect on June 19, 2009.)
HB 2012 creates two new punishment enhancements: a Class B misdemeanor if a person drives with a suspended license and without insurance; and a class A misdemeanor if the person driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident.
SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.
Concealed handgun:
HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.
HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)
HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.
Driver license:
HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license. The law also requires that a provisional driver license (under 18) or instruction permit expire on an individual’s 18th birthday, removes the requirement that a provisional driver license or instruction permit be renewed annually and increases the fee for those licenses from $5 to $15. It also extends the current phase-two restrictions for holders of a graduated driver license from 6 months to 1 year. These restrictions include limited night driving, prohibited use of wireless communication devices and a limited number of passengers.
HB 339 increases the total hours of behind-the-wheel driving instruction a teen receives from 14 to 34 and creates an adult driver education requirement for applicants older than 18 and younger than 21.
SB 1317 creates a six-hour driver education course required for driver license applicants 18 years of age or older. It also mandates that applicants 25 or under must submit to an approved driver education course. (Goes into effect March 1, 2010.)
SB 328 gives DPS the power to suspend a minor’s driver license if they fail a breath or blood alcohol test while operating a watercraft. Chapter
524 of the Transportation Code also clearly defines the suspension period for an individual who was under the age of 21 at the time when the offense of boating under the influence or driving under the influence of alcohol occurred. The law also increases the reinstatement fee for a license suspended under sections 49.04-49.08, Penal Code from $50 to $100.
HB 2730 increases the driver license sanction from a one-year CDL license disqualification to a lifetime disqualification if a person uses a motor vehicle to transport, conceal or harbor an alien. If a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile’s driver license or permit to be suspended.
HB 2730 prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas. The law specifies that an applicant may receive a driver license at a post office box only if the applicant’s residence address has also been provided, with some exceptions.
Crime:
HB 558 allows minors to be charged with public intoxication.
HB 2386 allows courts to immediately seal juvenile criminal records if the juvenile successfully completes a drug court program, or another special program ordered by the court.
HB 1282 makes it a Class B misdemeanor to steal a driver license, commercial driver license or personal identification.
SB 554 makes it illegal to own or possess dog-fighting equipment and establishes that such equipment and property where dogs are found to be engaged in dog fighting is contraband and is subject to forfeiture. The law also makes dog-fighting subject to the elevated penalties authorized in the Texas Penal Code, Section 71.02(a), in an effort to deter organized criminal activity.
HB 1813 makes it a third-degree felony to tamper with forensic, medical, chemical, toxicological and ballistic reports, as well as reports of certification, inspection or maintenance of instruments used to examine or test physical evidence. (Currently, someone who does this can only be charged with a state jail felony.)
HB 358 allows law enforcement authorities to store only a small part of gambling machines that have been seized, instead of storing the whole machine. They would be able to remove and store just the computer chips in gambling machines, which are the core of the machines and contain the information necessary for prosecutions to go forward.
Registered sex offenders:
SB 689 restricts Internet usage by certain registered sex offenders, and requires registered sex offenders to provide information about their e-mail addresses when they register.
Motorcycles etc.:
Senate Bill 1967 requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. The law also increases the penalty for failure to yield the right-of-way if there is a crash that results in injury to a person other than the motorcycle operator.
Vehicle inspection:
SB 589 requires that a vehicle equipment safety compliance label be placed on a windshield, side or rear window stating that the window tinting complies with the appropriate provisions of the Transportation Code. Failing to place the required label on the vehicle could lead to a $1,000 fine.
Miscellaneous:
HB 2730 increases the fine for a parking violation at the state Capitol from $10 to $25, and increases the late fee from $2 to $5.
SB 1188 authorizes a Texas resident to buy firearms, ammunition or firearms accessories in any other state, not just those contiguous to Texas, to reflect updated federal statutes.
* This is not a complete list of all laws passed in the past legislative session.
| Bonham ISD Board of Trustees expected to ask voters to fund school improvements Nov. 3 By Allen Rich Aug 11, 2009 |
Indications are that a unified Bonham School Board will soon make a decision to ask voters to go the polls and approve a bond issue that would allow Bonham ISD to make notable improvements at several campuses.
The most likely scenario would call for a bond referendum during the general election in November and there are several reasons school officials feel it is in the district’s best interest to target a date only 11 weeks away.
Perhaps the most important reason is that this decision would have the undivided attention of Bonham ISD voters on November 3, 2009. A hotly contested gubernatorial race is expected in 2010. At some point in the future, voters in Bonham and across Fannin County will go to the polls to decide the fate of the Fannin County Courthouse restoration. Bonham school board members would prefer to make school improvements the focus of local voters instead of sharing the ballot with several difficult decisions.
Another important reason this might be the right time is that Bonham ISD performed well in Texas Education Agency campus and district accountability ratings. Finley-Oates Elementary School received a rating of Exemplary from TEA, I.W. Evans Intermediate received a rating of Recognized, while Bonham High School and L.H. Rather both received ratings of Academically Acceptable.
“The teachers have worked hard, the administration has worked hard and the students have worked hard,” remarked board member Jim Simpson.
“We have to, at some point, ask our county to support our kids,” superintendent Sonny Cruse stated.
“We’re asking the kids to perform, but we’re not giving them what they need,” echoed Linda Staton.
As the former principal at Finley-Oates and the current principal at L.H. Rather, Mrs. Staton is capable of offering unique insight into the challenges that teachers, students and administrators face at those two schools.
At their next regular meeting scheduled for August 18, the Bonham Board of Trustees expect to release definite information about the date of the election as well as the dollar amount voters will be asked to approve. School officials have until September 2 to get this issue on the November 3 general election ballot.
One of the obvious challenges facing those in favor of campus improvements at Bonham ISD is educating voters about what they see as a glaring need to bring facilities up to par with other districts in the county. Just drive around the county, an audience member suggested, and look at the relatively new schools in Trenton, Leonard, Honey Grove and Savoy. Dodd City, Sam Rayburn and Ector all offer students impressive facilities as well. Particularly in a county where all the school districts usually allow students to transfer, a healthy competition exists to attract students.
Representatives from Claycomb Associates, Architects have been retained by Bonham ISD because of the firm’s extensive experience with master planning, bond elections and architectural expertise.
“The county will support what they understand,” said Claycomb’s Dixie Parris, adding that this could potentially be the 58th bond election in which her services have been enlisted. “I’m not a rookie at this.”
One important point Parris made was the need to explain that voters past the age of 65 have their taxes frozen regardless of fluctuations in property evaluations.
If voters will back the school board’s decision, a very different district could begin to take shape. Board members repeatedly stated that district-wide improvements were not only necessary, but would even encourage greater support for the bond election.
Although plans are very tentative at this juncture, here are some of the changes Bonham ISD Board of Trustees is considering.
Bailey Inglish would be solely dedicated to Pre-K students.
A new I.W. Evans Intermediate School would be co-located beside L.H. Rather Junior High on the west side of Main Street. Having the two schools side by side would allow them the cost-saving option of sharing some facilities.
The building that currently houses I.W. Evans, considered to be the facility with the most troubling issues, would be renovated and turned into offices for administrative personnel.
“We’re the nomads,” Supt. Cruse said.
Students enrolled in the Disciplinary Action Program would make the move from Stephenson School in south Bonham to share space with administration in the old I.W. Evans building.
Any remaining funds would be directed to Bonham High School. Instead of prolonging continuous repairs to an aging facility, board members seem to prefer constructing new buildings that can be added onto in the future.
“We are only as good as our schools are,” remarked Bonham Mayor Roy Floyd. “I think it is what Bonham deserves and what Bonham will support.”
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