Amends TCA Title 39; Title 40 and Title 55.

This bill provides that a person commits the offense of instigation if the person intentionally prompts another person to commit an offense. It is not necessary to prove that an offense would not have been perpetrated without the involvement of the accused, instead it is sufficient to demonstrate that the instigation was a factor substantially contributing to the conduct of another person committing the offense.<br /> <br /> With regard to sentencing and related issues for the offense of instigation, this bill provides the following:<br /> <br /> (1) A person who commits the offense of instigation must be sentenced at 25 percent of the sentence for the underlying misdemeanor offense and 33 percent of the sentence for the underlying felony offense;<br /> <br /> (2) The court must add the appropriate number of points to the person's driver license for any misdemeanor moving or non-moving traffic violations involved with the charge or charges of instigation;<br /> <br /> (3) A person's sentence must increase by 20 percent for each two additional convictions for instigation following the initial conviction and by 60 percent per conviction after the sixth instigation conviction;<br /> <br /> (4) Judicial diversion is only authorized for an instigation offense involving an underlying felony; and<br /> <br /> (5) A plea deal has no effect on the calculation of prior instigation offenses.<br /> <br /> CONTENTS OF EXAMINATION OF AFFIANT<br /> <br /> Upon information made to any magistrate of the commission of a public offense, present law requires the magistrate to examine, on oath, the affiant or affiants, reduce the examination to writing, and cause the examination to be signed by the person making it. The written examination must set forth the facts stated by the affiant or affiants that establish that there is probable cause to believe an offense has been committed and that the defendant committed it. <br /> <br /> This bill adds to the present law by requiring the written examination to also include an affidavit for abeyance to allow time for an affiant or affiants to establish probable cause that a person committed the offense of instigation in relation to the initial affidavit.<br /> <br /> PRIVATE PERSON ARRESTING ANOTHER FOR CRIMINAL TRESPASS<br /> <br /> Present law provides that a person generally commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public. This bill authorizes a private person, following two verbal notices that a person is trespassing, to arrest the trespasser if the offense is committed in the private person's presence. Present law clarifies that a private person who makes such an arrest does not receive an arrest fee or compensation for the arrest.<br />