Texas Senate Bill SB1969

Texas 2023 - 88th Regular

• Filed: 3/8/23
• Out of Senate Committee: 4/19/23
• Voted on by Senate: 4/27/23

Caption

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.

Impact

This legislation modifies existing penal codes to impose stricter penalties for offenders who commit crimes within a defined radius of educational institutions. For every subsequent related offense, the law increases the severity of the punishment, which could escalate misdemeanors into felonies based on previous convictions. Thus, SB1969 not only reinforces the protection of vulnerable populations but also serves as a deterrent to would-be offenders by signaling the increased legal consequences for such actions.

Summary

Senate Bill 1969 aims to enhance the criminal penalties for specific offenses committed on or near the premises of day-care centers, schools, or postsecondary educational institutions in Texas. The bill categorizes certain sexual crimes according to their proximity to these educational facilities and establishes a framework for increasing penalties based on the severity and frequency of prior offenses. It reflects a legislative response to the growing public concern over the safety of children and young adults in educational environments, particularly regarding the rising incidents of sexual violence.

Sentiment

The overall sentiment surrounding SB1969 was positive among supporters, including various women’s advocacy groups, who view it as a critical measure for ensuring the safety of children in educational settings. Testimonies during committee discussions emphasized the bill's importance in addressing sexual crimes, reflecting a collective desire to safeguard community environments. However, there remains apprehension about the implications for due process and the potential for disproportionate consequences on individuals who may face increased penalties under the law.

Contention

Notable points of contention stemmed from concerns about the potential overreach of the law and its impact on judicial proceedings. Critics expressed worries that the increased penalties could lead to unintended consequences, such as a rise in wrongful convictions or excessive punishment for minor offenses. Additionally, representatives from public universities voiced their apprehensions regarding how these increased penalties would affect students and campus safety dynamics. The debate encapsulated a tension between public safety interests and the rights of individuals under the penal system.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 12. Punishments
  • Section: New Section
  • Section: New Section
  • Section: New Section

Human Resources Code

• Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
  • Section: New Section
  • Section: New Section
  • Section: New Section

Education Code

• Chapter 61. Texas Higher Education Coordinating Board
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 132. Career Schools And Colleges
  • Section: New Section
  • Section: New Section
  • Section: New Section