Texas 2013 - 83rd Regular

Texas Senate Bill SB701

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to a defense to prosecution for criminal trespass.

Impact

By passing SB701, the bill reaffirms the rights of emergency responders and utility workers to carry out their duties even when it involves entering private property. This change is expected to facilitate quicker responses in emergencies, where the time needed to obtain permission could otherwise hinder life-saving actions. Moreover, the bill establishes a legal framework under which these personnel can operate without fear of legal repercussions, thus potentially increasing overall public safety and trust in these services.

Summary

SB701 proposes an amendment to Section 30.05 of the Penal Code of Texas, explicitly providing defenses against prosecution for criminal trespass under specified conditions. The bill delineates that individuals such as firefighters, emergency medical services personnel, and employees or agents of certain utility providers may not be prosecuted if they are acting within the scope of their official duties during exigent circumstances. This aims to clarify situations where these professionals may need to access private property without prior permission in order to respond to emergencies effectively.

Contention

Notably, discussions around this bill may have raised concerns regarding property rights and the implications of allowing entry into private properties without consent. Some stakeholders might argue that while the intent is to protect public safety, it could lead to potential abuse or misunderstandings about the limits of this defense. Striking a balance between ensuring rapid emergency responses and protecting individual property rights poses a critical area of contention as this bill advances through legislative procedures.

Companion Bills

No companion bills found.

Previously Filed As

TX SB206

Relating to the prosecution of the offense of criminal trespass.

TX SB968

Relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.

TX SB395

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX SB1007

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX HB327

Relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3847

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX SB2100

Relating to defenses to prosecution of the criminal offenses of gambling, keeping a gambling place, and possession of a gambling device, equipment, or paraphernalia and county regulation of poker clubs; providing civil penalties; authorizing an occupational license; authorizing a fee; creating a criminal offense.

TX HB2917

Relating to peace officers and the investigation and prosecution of criminal offenses.

TX SB947

Relating to creating a criminal offense for damaging certain critical infrastructure facilities and providing for the prosecution of that conduct as manslaughter in certain circumstances; increasing a criminal penalty.

Similar Bills

No similar bills found.