Legislative lobbying


Mr. McColl has been involved in successful legislative lobbying on specific bills for specific clients intermittently over the last 27 years. These pieces of legislation usually, but not always, involve some criminal law element.

For example, bills have been introduced to provide a jury trial issue for a Defendant accused of having intimate sexual contact with a person 15 or 16 years old, accused of having intimacy which is under the age of consent, when the alleged victim admits that the sex was consensual and has purposely misled the defendant with physical evidence (such as a false driver's license or website) as to his/her age.

The legislation was designed to allow the Defendant to have the jury decide the issue of mistake of fact (as to age), because, presently in Texas and in most states, the Defendant currently cannot have a jury trial on that question.

Other legislative efforts by Mr. McColl have involved ameliorating the sex offender registration requirement of a defendant. For example, in situations involving sexual offenses, where there was clearly consent from the Complainant to the sexual contact by the Defendant; and legislation that extinguishes the requirement for registration in such situations after a shorter amount of time presently required and after appropriate proof of consent and the maturity of the Complainant at the time of the incident.

McColl has drafted and introduced other legislation on non-criminal topics, such as to create more Due Process for medical care providers with their regulatory boards, as well as legislation exempting his clients' lotto machines from the definition of a slot machine; and McColl obtained a specific Texas Attorney General's opinion stating that the clients' computer game was legal under Texas law.

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