Texas 2009 - 81st Regular

Texas Senate Bill SB1391 Compare Versions

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1	1	By: Wentworth S.B. No. 1391
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prosecution and punishment of the offense of
7	7	criminal trespass.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (a), Section 30.05, Penal Code, is
10	10	amended to read as follows:
11	11	(a) A person commits an offense if the person [he] enters or
12	12	remains on or in property of another, including residential land,
13	13	agricultural land, a recreational vehicle park, a building, or an
14	14	aircraft or other vehicle, [of another] without effective consent
15	15	[or he enters or remains in a building of another without effective
16	16	consent] and the person [he]:
17	17	(1) had notice that the entry was forbidden; or
18	18	(2) received notice to depart but failed to do so.
19	19	SECTION 2. Subsection (b), Section 30.05, Penal Code, is
20	20	amended by adding Subdivisions (8), (9), (10), and (11) to read as
21	21	follows:
22	22	(8) "Protected freshwater area" has the meaning
23	23	assigned by Section 90.001, Parks and Wildlife Code.
24	24	(9) "Recognized state" means another state with which
25	25	the attorney general of this state, with the approval of the
26	26	governor of this state, negotiated an agreement after determining
27	27	that the other state:
28	28	(A) has firearm proficiency requirements for
29	29	peace officers; and
30	30	(B) fully recognizes the right of peace officers
31	31	commissioned in this state to carry weapons in the other state.
32	32	(10) "Recreational vehicle park" means a tract of land
33	33	that has rental spaces for two or more recreational vehicles, as
34	34	defined by Section 522.004, Transportation Code.
35	35	(11) "Residential land" means real property improved
36	36	by a dwelling and zoned for or otherwise authorized for
37	37	single-family or multifamily use.
38	38	SECTION 3. Subsections (d) and (e), Sections 30.05, Penal
39	39	Code, are amended to read as follows:
40	40	(d) An offense under this section [Subsection (e) is a Class
41	41	C misdemeanor unless it is committed in a habitation or unless the
42	42	actor carries a deadly weapon on or about the actor's person during
43	43	the commission of the offense, in which event it is a Class A
44	44	misdemeanor. An offense under Subsection (a)] is:
45	45	(1) a Class B misdemeanor, except as provided by
46	46	Subdivisions (2) and (3);
47	47	(2) a Class C misdemeanor, except as provided by
48	48	Subdivision (3), if the offense is committed:
49	49	(A) on agricultural land and within 100 feet of
50	50	the boundary of the land; or
51	51	(B) on residential land and within 100 feet of a
52	52	protected freshwater area; and
53	53	(3) [that the offense is] a Class A misdemeanor if:
54	54	(A) [(1)] the offense is committed:
55	55	(i) [(A)] in a habitation or a shelter
56	56	center;
57	57	(ii) [(B)] on a Superfund site; or
58	58	(iii) [(C)] on or in a critical
59	59	infrastructure facility; or
60	60	(B) [(2)] the person [actor] carries a deadly
61	61	weapon [on or about his person] during the commission of the
62	62	offense.
63	63	(e) It is a defense to prosecution under this section that
64	64	the actor at the time of the offense was [A person commits an
65	65	offense if without express consent or if without authorization
66	66	provided by any law, whether in writing or other form, the person]:
67	67	(1) a firefighter or emergency medical services
68	68	personnel, as defined by Section 773.003, Health and Safety Code,
69	69	acting in the lawful discharge of an official duty under exigent
70	70	circumstances [enters or remains on agricultural land of another];
71	71	(2) a person who was:
72	72	(A) an employee or agent of:
73	73	(i) an electric utility, as defined by
74	74	Section 31.002, Utilities Code;
75	75	(ii) a telecommunications provider, as
76	76	defined by Section 51.002, Utilities Code;
77	77	(iii) a video service provider or cable
78	78	service provider, as defined by Section 66.002, Utilities Code;
79	79	(iv) a gas utility, as defined by Section
80	80	101.003 or 121.001, Utilities Code; or
81	81	(v) a pipeline used for the transportation
82	82	or sale of oil, gas, or related products; and
83	83	(B) performing a duty within the scope of that
84	84	employment or agency; or
85	85	(3) a person who was:
86	86	(A) employed by or acting as agent for an entity
87	87	that had, or that the person reasonably believed had, effective
88	88	consent or authorization provided by law to enter the property; and
89	89	(B) performing a duty within the scope of that
90	90	employment or agency [is on the agricultural land and within 100
91	91	feet of the boundary of the land when apprehended; and
92	92	[(3) had notice that the entry was forbidden or
93	93	received notice to depart but failed to do so].
94	94	SECTION 4. Subsections (c) and (j), Section 30.05, Penal
95	95	Code, are repealed.
96	96	SECTION 5. The change in law made by this Act applies only
97	97	to an offense committed on or after the effective date of this Act.
98	98	An offense committed before the effective date of this Act is
99	99	covered by the law in effect when the offense was committed, and the
100	100	former law is continued in effect for that purpose. For purposes of
101	101	this section, an offense was committed before the effective date of
102	102	this Act if any element of the offense was committed before that
103	103	date.
104	104	SECTION 6. This Act takes effect September 1, 2009.