The Baytown Sun (Baytown, Tex.), Vol. 52, No. 52, Ed. 1 Wednesday, December 12, 1973 Page: 6 of 34
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THE BAYTOWN SUN
Wednesday, December 12,1973
Keep Up With
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Changes In Texas’ New Penal Code Explained
By BARBARA CLELAND
HOUSTON (Sp) - Texas’
new Penal Code becomes ef-
fective Jan. 1 — complete with
numerous changes in degrees
of crimes and punishments,
definitions of people and acts
involved in crimes and states
of mind necessary to have cer-
tain crimes committed.
Tom Bullington, assistant
state attorney general in
charge of criminal prosecution
was in Houston Monday to out-
line the new laws for members
of the Texas Court Clerks As-
sociation at Holiday Inn
Loop 610. Approximately 60
clerks, judges and law en-
forcement officers from the
Gulf Coast area attended.
Explaining that circum-
stances will cause each court
to operate differently, Bulling-
ton said all basically operate
under the same laws. “It is
most important for clerks to
ake the code wqjkable by
having general knowledge of
the offenses, definitions and
culpable mental states of in-
dividuals charged.”
Complaints improperly filed
can be thrown out of court, he
added.
According to Bullington, a
large part of the new penal
code is the same as that cur-
rently in effect. However, a
number of offenses have been
consolidated under one statute,
such as laws governing in-
toxication which also includes
the use of drugs, marijuana
and glue sniffing.
One of the most important
parts of the code, he said, are
definitions of terminology.
Among them is one for indivi-
dual which is a person who has
been born and is alive. An
could come before the court
clerks is an injury to a preg-
nant woman by another per-
son that results in death of the
fetus. The actor (one charged
with a crime) can only be
charged with attempted mur-
der of the woman and not with
murder of the fetus since it was
not, yet born.
“It will be interesting to see
how the courts view some of
these statutes,” he said, add-
ing that a number of the laws
consider ages of the actor and
example of a situation that the victim when a sex offense
has been alleged. “An example
would be rape of a 14-year-old
girl by a 16-year-old boy. The
two-year age difference would
serve as an affirmative' de-
fense for the boy,” he said.
Another important factor in
the code used to determine the
seriousness of offense and re-
sultant punishment is the men-
tal state of the actor in felony
cases. The offense complaint
must state whether the act was
intentional, knowing, reckless
or criminal negligent. Inten-
tional, Bullington said, is the
most serious and can bring the
death perihlty or life imprison-
ment. He added that criminal Municipal Court Clerk Gloria
negligence can now be con-Alexander, who attended the
sidered in Class A misdemean-
ors.
“While it is possible for a
charge to stand in court when municipal courts.
recklessness has been alleged
and knowingly has been pro-
ven, the complaint cannot al-
lege recklessness and the pro-
secutor be able to only prove
that the act was done in
criminal negligence,” he said.
Bullington then read through
each part of the new code.
meeting, most of the laws and
changes will affect justices of
the peace courts rather than
Others attending from Bay-
town included Municipal Court
clerks Mrs. Elizabeth Coe,
Mrs. Brenda Dawson and Mrs.
Donna Davis along with Mrs.
Bopnie Dyer, clerk in Justice
oL the Peace R. L. Smith’s
court. Baytown Police Lt. C,
W. Cowan and legal advisor
According to Baytown Ron McLemore also attended.
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Editor’s note: How much do
you remember about the news
of the world? This weekly quiz
will help you find out. if you
score fewer than five correct
answers, you had better read
the paper a little more care-
fully. If you get eight or more
right, you rate an “A,”
1. Saudi Arabia’s Oil
Minister threatened to cut oil
production if the United States,
Europe or Japan tried to
counter Arab embargoes.
Sheik Ahmed Zaku al-Yamani
also threatened: (a) a com-
plete cut of oil for Europe; (b)
to blow up some oil fields if the
U.S. took military actions (c)
to destroy all oil pipelines.
2. A compromise proposal
under which governmental
power will be shared in Nor-
thern Ireland was revealed by
the British government. The
cabinet will be made up of: (a)
six Protestants and four
Catholics; (b) five Catholics
and five Protestants; (c) five
rotestan'
3. Two Skylab 3 astronauts
moved outside their orbiting
laboratory to fix a jammed an-
tenna, walking in space for a
record: (a) five hours; (hi
seven hours; (c) six and one
half hours.
4. An American executive
and three of his bodyguards
were ambushed and killed on
their way to work in: (a) Bra-
zil; (b) Argentina; (c) Chile.
5. The Senate Rules Com-
mittee approved the
nomination of Gerald R. Ford
as vice president of the United
States, and the nomination
went to the Senate floor. The
committee vote was: (a)
unanimous; (b) 6-4; (c) 7-2.
6. Outlawed and disbanded
were 28 student organizations
in: (a) Japan; (b) Thailand;
(c) Greece.—' -----—^
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7. Consumer prices con-
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October despite a leveling off
in food prices. The Consumer
Price Index rose eight-tenths
of 1 per cent, led by rising costs
of: (a) clothing; (b) energy;
(c) housing.
8. A voluntary ban on Sunday
driving and requests that mo-
torists observe a self-imposted
speed limit were asked by the
government of: (a) Britain;
(b) the United States; (c)
Holland.
Ammunition may be or-
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9. The Administration’s bill
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Israel would give President
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how much would be a loan and
how much a gift. Amount of the
proposed aid is: (a) $1 billion;
(b) |2.2-billion; (c) $4-billion.
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10. Secretary of State,Kissin-
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would not change its Middle
East policies because of the
Arab oil embargo and warned
that if the embargo continued
“unreasonably and in-
definitely,” the government
would; (a) consider military
action; (b) institute “counter-
measures,” (c) withdraw aid
to Israel.
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Hartman, Fred. The Baytown Sun (Baytown, Tex.), Vol. 52, No. 52, Ed. 1 Wednesday, December 12, 1973, newspaper, December 12, 1973; Baytown, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1105077/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Sterling Municipal Library.