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New law makes marijuana possession a ticketable offense
Updated: 8/31/2007 1:14 PM
By: Catie Beck

 
Getting caught with drugs usually lands you behind bars, but because of a new Texas law, now it may just land you in court.

"We like the ability to have discretion to make decisions," Austin police Assistant Police Chief David Carter said.

A new law that takes effect Sept. 1 will let law enforcers decide whether some misdemeanor offenders should be locked up or let go. Either way, they'll face the same laws and the same punishments.

"Individuals committing the offense do have to have their day in court and show up," Jim Cardle of the Texas Citizens Action Network said.

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New drug law

A new law makes marijuana possession a ticketable offense.



Research says every marijuana arrest costs Texas taxpayers $2,000 and takes a police officer off the street for three to four hours. Police say the new law lets them prioritize.

"We can move on to that more important or emergency call, I think that's the main issue here," Carter said.

Marijuana possession arrests make up between six and seven percent of all arrests made in Texas. The new law is geared to send less people to jail.

"It will have a positive affect on jail crowding. We need to come up with a common sense solution to our jail crowding situation right now," Cardle said.

For those who worry about public safety, police say security will be no different than before because people who appear to be dangerous will be arrested.

"We will still take those people right to jail and this law does not change that or affect it in any way. It's really about discretion," Carter said.

The new law also covers several other misdemeanors. Those crimes include driving with an invalid license, graffiti and mischief where the damage is less than $500.

More Information
Here are some of the new laws that take effect Sept. 1
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Elderly drivers
Known as "Katie's Law," requires drivers 79 and older to renew licenses in person. At age 85, renewal period drops from every six years to two years. Named after 17-year-old Katie Bolka, who was killed in 2006 when an elderly driver ran a red light.

Speeding tickets
Drivers ticketed at more than 95 mph cannot take a driving safety class to dismiss the citation.

Marijuana
Police will have discretion to issue citations instead of arresting those in possession of four ounces or less of marijuana. The offender must live in the county where they are stopped and must not be considered a threat to public safety.

Child predators
"Jessica's Law," named after 9-year-old Jessica Lunsford, a Florida girl who was sexually abused and murdered, allows prosecutors to seek the death penalty for some repeat child sex offenders.

Missing seniors
The state will develop an alert system for missing senior citizens similar to the current Amber Alert program used for abducted children.

Castle doctrine
Removes the requirement that someone must try to retreat before using deadly force to defend themselves.

Search warrants
Allows courts to seal from the public and media search warrant affidavits for up to 60 days.

Dog owners
Dog owners whose pets attack and seriously injure someone could face up to 10 years in prison. If the attack is fatal, it could be up to 20 years.

Children's health
As part of the state budget, more than 100,000 additional children could be added to the state's Children's Health Insurance Program.



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