Bill Text: TX SB1969 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to increasing the criminal penalty for certain offenses committed on or near the premises of a day-care center, school, or postsecondary educational institution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-04 - Referred to Criminal Jurisprudence [SB1969 Detail]
Download: Texas-2023-SB1969-Engrossed.html
By: Bettencourt | S.B. No. 1969 |
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relating to increasing the criminal penalty for certain offenses | ||
committed on or near the premises of a day-care center, school, or | ||
postsecondary educational institution. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended | ||
by adding Section 12.502 to read as follows: | ||
Sec. 12.502. PENALTY IF OFFENSE COMMITTED ON OR NEAR | ||
PREMISES OF DAY-CARE CENTER, SCHOOL, OR POSTSECONDARY EDUCATIONAL | ||
INSTITUTION. (a) In this section: | ||
(1) "Day-care center" has the meaning assigned by | ||
Section 42.002, Human Resources Code. | ||
(2) "Postsecondary educational institution" means: | ||
(A) an institution of higher education or a | ||
private or independent institution of higher education as defined | ||
by Section 61.003, Education Code; or | ||
(B) a career school or college as defined by | ||
Section 132.001, Education Code. | ||
(3) "Premises" means real property and all buildings | ||
and appurtenances pertaining to the real property. | ||
(4) "School" means a public or private elementary or | ||
secondary school. | ||
(b) Except as provided by Subsection (c), if it is shown on | ||
the trial of an offense under Chapter 21 that the offense was | ||
committed in a location that was on the premises of or within 1,500 | ||
feet of the premises of a day-care center, school, or postsecondary | ||
educational institution, the category of punishment under that | ||
chapter for the offense is increased to a higher category of offense | ||
as follows: | ||
(1) a Class C misdemeanor is increased to a Class B | ||
misdemeanor; | ||
(2) a Class B misdemeanor is increased to a Class A | ||
misdemeanor; | ||
(3) a Class A misdemeanor is increased to a state jail | ||
felony; | ||
(4) a state jail felony is increased to a felony of the | ||
third degree; | ||
(5) a felony of the third degree is increased to a | ||
felony of the second degree; and | ||
(6) a felony of the second degree is increased to a | ||
felony of the first degree. | ||
(c) For an offense otherwise punishable under Subsection | ||
(b), if it is shown on the trial of the offense that the person has | ||
been previously convicted twice of an offense under Chapter 21 for | ||
which the punishment was increased under Subsection (b), the | ||
category of punishment under that chapter for the offense is | ||
increased to a higher category of offense as follows: | ||
(1) a Class C misdemeanor is increased to a Class A | ||
misdemeanor; | ||
(2) a Class B misdemeanor is increased to a state jail | ||
felony; | ||
(3) a Class A misdemeanor is increased to a felony of | ||
the third degree; | ||
(4) a state jail felony is increased to a felony of the | ||
second degree; and | ||
(5) a felony of the third degree or second degree is | ||
increased to a felony of the first degree. | ||
(d) If the punishment scheme for an offense under Chapter 21 | ||
contains a specific enhancement provision increasing punishment to | ||
a higher minimum term of punishment than the minimum term required | ||
by the applicable higher category of offense prescribed by | ||
Subsection (b) or (c), the specific enhancement provision controls | ||
over this section. | ||
(e) A previous conviction may be used for purposes of | ||
enhancement under this section or under another provision of | ||
Subchapter D, Chapter 12, but not under both this section and the | ||
other provision. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2023. |