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During a disaster declaration, some laws have stiffer penalties when broken

Some Texas laws now have higher penalties during Gov. Greg Abbott’s disaster declaration.

SAN ANGELO, Texas — Texas Gov. Greg Abbott declared the spread of COVID-19 a statewide public health disaster March 13 as a response to protect the health of Texans, as more cases started spreading through the state.

With this declaration, the Texas penal code is bringing penalty changes to a few state laws.

San Angelo defense attorney Jessica Skinner said there are six crime categories that have stiffer penalties while the declaration is active.

"There a lots of reasons but the concern is when you declare a state of disaster these are the types of things that are more likely to occur and that would be more disruptive," Skinner said.

The six categories are assault, arson, robbery, burglary, criminal trespass and theft.

Normally, all six would be classified as misdemeanor, but during a state of emergency, the penalties are treated a bit differently than before.

"It does not change that classification as a misdemeanor it changes the penalty that can be imposed," Skinner said. "So it will stay as a misdemeanor but instead of the punishment being zero to 60 days in jail it will now start at a 180 days."

Skinner explained the reason these six are the most identified, because it is believed during an emergency, these are the types of crimes people will most likely commit. If a person were to commit any of these crimes, you will be looking at six months in jail.

Skinner noted this is the first time she has witnessed an emergency such as this. Most emergencies come from hurricanes or tornadoes.

The penal codes are for the best interest of the people, she said.

"It doesn't need to spread panic or anything but be aware and for people who might be wanting to make crimes," Skinner said.

Skinner noted the enhanced penalties are to deter those people from committing those types of crimes.



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