We have a case that was filed with our office for Harassment by Persons in Certain Correctional Facilities with this fact pattern: Defendant in custody in the jail is brought from the jail to the courtroom at the courthouse (seperate facility) on a jail run. While there, he and his attorney approach the bench to do a plea. Defendant gets mad and spits over the bench, hitting the Judge in the face.
Obviously, this conduct is an affront to the judiciary and could be handled as contempt. But for the felony to be prosecuted, the question is, did the spitting occur "while imprisoned or confined in a correctional or detention facility", as the code requires. Obviously the defendant was in the custody of jail personnel, but is that enough? Clearly the conduct did not physically occur in the jail and, based on the definition of correctional facility, our courtroom and courthouse is not a correctional facility. An argument could be made that the "while" refers to a period of time or duration rather than the physical location of the jail (i.e. defendant is in jail during May, offense happens during May, therefore offense happened "while confined"), but does anyone buy that? I've read every case written on sec. 22.11 and there's nothing addressing this issue.
You're prolly already aware, but HB 1095 was passed expanding PC 22.11 to address your very situation (too bad offender didn't spit on judge 09-02-05!).
Posts: 53 | Location: Arlington TX USA | Registered: October 29, 2004
Too bad Jim Croce is not with us to modify his Bad Bad Leroy Brown song...
Instead of "You don't spit into the wind" it could have been "You don't spit at the Judge handling your case". This might be the living personification definition of a "Moron".
Am I Right, Brumley and A.P.?
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001
The Grateful Dead once suggested that one "whistle through your teeth and spit, 'cause it's alright." Appropriately enough, they did so in a song entitled "Touch of Gray," which is what the defendant's hair color will be the next time he breathes free air, if Darwinian justice obtains.
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001
