HomeMy WebLinkAboutORD 2008-67 - Culpable Mental Staten,
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN,ADDING NEW SECTION1.08.040
"CULPABLE♦CHAPTER
GEORGETOWN ri OF ORDINANCES ' ! TO
GENERAL PROVISIONS; REPEALING CONFLICTING
ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, AND
PROVIDING ♦ DATE.
WHEREAS, the
Georgetown Code of Ordinances does
not
provide for a culpable mental
state required to
establish responsibility
for violations
of
the
Code, and
WHEREAS, the Council finds that amending the Georgetown Code of Ordinances to
provide for culpable mental states to establish responsibility for violations of the Code is
in the best interest of the City of Georgetown.
NOW, !. COUNCILOF OF
GEORGETOWN, i THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a pari hereof, as if copied verbatim.
SECTION 2. Section 1.08.040 of the City Code of Ordinances relating to "Culpable
Mental State" is hereby added as follows.
(a) If the definition of a violation of this Code does not prescribe a culpable
mental state, a culpable mental state is not required if the penalty for
such violation does not exceed the sum of $500.00.
(b) If the definition of a violation of this Code does not prescribe a culpable
mental state and the penalty for such violation exceeds the sum of
$500.00, criminal negligence shall suffice to establish criminal
responsibility for the violation.
(c) Culpable mental states are defined in V.T.C.A., Penal Code 6.03, as
amended.
SECTION 3. That all ordinances that are in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City
not in conflict with the provisions of this ordinance shall remain in full force and effect.
Ordinance No. AIDQT� U97
Culpable Mental State
Page 1 of 2
SECTION 4. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance are hereby declared to be
severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective in accordance with the
provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the day of
2008.
PASSED AND APPROVED on Second Reading on the
t'' x 2008.
ATTEST:
;f.
By:
Sandra D. Lee, City Secretary
AS TO FORM:
Patricia E. Carts,
City Attorney
Ordinance No.
Culpable Mental State
Page 2of2
day of
THE CITY OF GEORGETOWN
e Garver, Mayor