Pubdate: Fri, 21 Sep 2007
Source: Lampasas Dispatch Record, The (TX)
Copyright: 2007 The Lampasas Dispatch Record
Contact:  http://www.lampasasdispatchrecord.com/
Details: http://www.mapinc.org/media/2837
Author: Lisa Carnley, Staff Writer
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)

NEW LAWS, SAME TOUGH STANCE

LPD Officials to Arrest Anyone Possessing Drugs -- in Any Amount

Marijuana smokers who think they can avoid arrest due to a new law 
that leaves it to police discretion to issue a citation to anyone 
possessing four ounces or less of the drug better think again.

In Lampasas, police will continue to arrest those in possession of 
marijuana -- or any other drug -- in any amount.

Chief of Police Tim Angermann said drug users won't find a billboard 
in Lampasas to welcome them.

"We have always arrested anyone with narcotics, and we will continue 
to do so. That should send a message that anyone using narcotics is 
not welcome in Lampasas," he said. Angermann said the new law is akin 
to speeding.  "People won't stop doing it when no one is looking, but 
we will continue to enforce the laws. You do drugs, you will be 
arrested. It's that simple."

Enacted in the Texas Legislature's most recent session, the marijuana 
law is just one of many statutes that went into effect this month.

Police have the discretion either to issue a citation or arrest an 
individual in possession of marijuana under four ounces -- with 
several stipulations: the offender must live in the county where he 
is stopped and must not be considered a threat to public safety.

Several Lampasas law officials, including Sgt. Chuck Montgomery, 
attended a recent school to learn about new and revised laws.

The impetus behind the new marijuana law, Montgomery believes, is a 
desire to relieve jail overcrowding and keep more officers on the street.

"It takes a long time to process a prisoner and, in larger cities, 
sometimes the officers have to travel a long way to get to a jail 
facility. When they can issue a citation instead of an arrest, they 
can stay on the street longer to fight what are considered more 
serious crimes."

Though Lampasas has seen an increasing number of marijuana arrests 
over the years, Montgomery said that is not necessarily attributed to 
an elevation in its usage.

"There is an upward trend in the number of arrests, and it has 
consistently been on the rise," said the police sergeant, who 
believes the increase is due to better awareness by officers of 
what's happening on the streets.

At the end of 2006, Lampasas had 78 drug-related arrests. This year, 
through August, more than 100 arrests have been made already.

Montgomery also credits the Major Crimes Task Force's Narcotics Unit 
for the upward spiral in arrests. That task force has made 25 
narcotics-related busts this year.

Other new laws on the books include the Castle Doctrine, which gives 
Texas homeowners the right to use deadly force to protect themselves 
or their family if a criminal breaks into an occupied home. In the 
past, a homeowner was required to retreat before resorting to the use of force.

The new statute allows a homeowner to protect his or her home, 
vehicle and place of business.

In addition, new statutes on the books include the following:

. Drivers, 79 and older, are required to renew licenses in person. At 
age 85, the renewal period drops from every six years to every two years.

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

A related statute limits how long an owner can leave a dog unattended 
and restrained outside, which is designed to prevent owners from 
leaving animals out all night and in stormy conditions.

. Drivers ticketed at more than 95 miles per hour cannot take a 
defensive driving safety class to dismiss the citation.

. Prosecutors can seek the death penalty for some repeat child sex offenders.

Montgomery said the trend, when it comes to crimes against children, 
is for stiffer penalties for offenders.

The police sergeant also noted that the theft of aluminum, bronze and 
copper wire as well as cable, now carries heftier penalties. "Theft 
is high for these materials," he said. "People steal them for the 
money in its recycling."

Theft of these materials under $20,000 is now a state jail felony 
which, Montgomery said, means the smallest amount of theft 
automatically will qualify it as a jail felony.

"In the past, the penalty was based on how much was taken. Now, it 
doesn't matter. Even taking the least amount is a felony."

Also new is the Silver Alert, which requires issuance of an alert if 
a senior citizen is reported missing.  The alert also will note if 
the person has Alzheimer's or dementia, or other health risks. The 
law is similar to the Amber Alert issued for missing children, which 
has been credited with the discovery of missing children across the nation.

Assistant Police Chief Sammy Bailey reminds residents that officers 
are on the streets and will continue to look for those who break laws.

"We are at your service," she said. "We want Lampasas to remain a 
safe community and a good environment in which to raise a family." 
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MAP posted-by: Richard Lake