Bill Text: TX SB1649 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to increasing the punishment for certain conduct constituting the offense of criminal trespass.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB1649 Detail]
Download: Texas-2017-SB1649-Engrossed.html
Bill Title: Relating to increasing the punishment for certain conduct constituting the offense of criminal trespass.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB1649 Detail]
Download: Texas-2017-SB1649-Engrossed.html
By: Watson | S.B. No. 1649 |
|
||
|
||
relating to increasing the punishment for certain conduct | ||
constituting the offense of criminal trespass. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 30.05(b), Penal Code, is amended by | ||
adding Subdivision (12) to read as follows: | ||
(12) "Institution of higher education" has the meaning | ||
assigned by Section 61.003, Education Code. | ||
SECTION 2. Section 30.05, Penal Code, is amended by | ||
amending Subsection (d) and adding Subsection (d-1) to read as | ||
follows: | ||
(d) An offense under this section is: | ||
(1) a Class B misdemeanor, except as provided by | ||
Subdivisions (2) and (3); | ||
(2) a Class C misdemeanor, except as provided by | ||
Subdivision (3), if the offense is committed: | ||
(A) on agricultural land and within 100 feet of | ||
the boundary of the land; or | ||
(B) on residential land and within 100 feet of a | ||
protected freshwater area; and | ||
(3) a Class A misdemeanor if: | ||
(A) the offense is committed: | ||
(i) in a habitation or a shelter center; | ||
(ii) on a Superfund site; or | ||
(iii) on or in a critical infrastructure | ||
facility; [ |
||
(B) the offense is committed on or in property of | ||
an institution of higher education and it is shown on the trial of | ||
the offense that the person has previously been convicted of: | ||
(i) an offense under this section relating | ||
to entering or remaining on or in property of an institution of | ||
higher education; or | ||
(ii) an offense under Section 51.204(b)(1), | ||
Education Code, relating to trespassing on the grounds of an | ||
institution of higher education; or | ||
(C) the person carries a deadly weapon during the | ||
commission of the offense. | ||
(d-1) For the purposes of Subsection (d)(3)(B), a person has | ||
previously been convicted of an offense described by that paragraph | ||
if the person was adjudged guilty of the offense or entered a plea | ||
of guilty or nolo contendere in return for a grant of deferred | ||
adjudication community supervision, regardless of whether the | ||
sentence for the offense was ever imposed or whether the sentence | ||
was probated and the person was subsequently discharged from | ||
deferred adjudication community supervision. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 4. This Act takes effect September 1, 2017. |