AUSTIN – I had heard rumors about Texas State Representative Carl Sherman’s (D-109) House Bill 929 introduced in the 87th Texas Legislative Session this year and what it was meant to do or not do for gun owners.
Until I read the details of it however, like many Ellis County residents I didn’t feel comfortable with it being passed.
Today I can say I stand behind this bill 100-percent.
Republican State Representative Matt Krause from District 93, which encompasses a portion of Tarrant County has also signed on to joint-author HB 929 with Representative Sherman.
Sherman wrote this bill – Bo’s Law – named after Dallas resident Botham Jean, who was shot and killed by an off-duty police officer two years ago on Sept.6, 2018 while in his own apartment in Dallas.
It is a good law for a number of reasons.
As an explanation regarding Bo’s Law, it “seeks to resolve the issues” surrounding the current climate of mistrust of law enforcement by “providing transparency and protection for citizens and law enforcement.”
In short, Sherman’s Bo’s Law first involves a look at the Castle Doctrine.
“The Castle Doctrine is only meant to protect individuals who are actually in their own “castle” before believing that force or deadly force was immediately necessary and can be presumed to be reasonable.”
House bill 929 also takes a look at mistake of fact.
The bill is meant to clean up the language and make it clear that the “mistake of fact” defense is for a mistake that negates the culpable mental state for the offense.
The bill will make it explicit “mistake of fact” only applies to the culpable mental state for the offense and not to any other defenses or affirmative defenses.
The bill also looks at body-worn camera policies by police and will require cameras remain activated for the entirety of an investigation, which means transparency to the community as well as protection for police.
And finally, at the moment there is no specific penalty for turning off a recording device during an investigation.
Bo’s Law is about body-worn, vehicle and security cameras.
Any person, not just a police officer, who turns off a recording devise during an investigation will face penalties for that action.
Bo’s Law will hold individuals who try to destroy or prevent the collection of evidence accountable to their fellow officers and the community.
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