Texas 2017 - 85th Regular

Texas Senate Bill SB1649 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1649
	1	+	By: Watson S.B. No. 1649
	2	+	(Moody)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to increasing the punishment for certain conduct
6	8		constituting the offense of criminal trespass.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 30.05(b), Penal Code, is amended by
9	11		adding Subdivision (12) to read as follows:
10	12		(12) "Institution of higher education" has the meaning
11	13		assigned by Section 61.003, Education Code.
12	14		SECTION 2. Section 30.05, Penal Code, is amended by
13		-	amending Subsection (d) and adding ~~Subsections~~ (d-1) ~~and (d-2) to~~
14		-	~~read as~~ follows:
	15	+	amending Subsection (d) and adding Subsection (d-1) to read as
	16	+	follows:
15	17		(d) An offense under this section is:
16	18		(1) a Class B misdemeanor, except as provided by
17	19		Subdivisions (2) and (3);
18	20		(2) a Class C misdemeanor, except as provided by
19	21		Subdivision (3), if the offense is committed:
20	22		(A) on agricultural land and within 100 feet of
21	23		the boundary of the land; or
22	24		(B) on residential land and within 100 feet of a
23	25		protected freshwater area; and
24	26		(3) a Class A misdemeanor if:
25	27		(A) the offense is committed:
26	28		(i) in a habitation or a shelter center;
27	29		(ii) on a Superfund site; or
28	30		(iii) on or in a critical infrastructure
29	31		facility; [or]
30	32		(B) the offense is committed on or in property of
31	33		an institution of higher education and it is shown on the trial of
32	34		the offense that the person has previously been convicted of:
33	35		(i) an offense under this section relating
34	36		to entering or remaining on or in property of an institution of
35	37		higher education; or
36	38		(ii) an offense under Section 51.204(b)(1),
37	39		Education Code, relating to trespassing on the grounds of an
38	40		institution of higher education; or
39	41		(C) the person carries a deadly weapon during the
40	42		commission of the offense.
41	43		(d-1) For the purposes of Subsection (d)(3)(B), a person has
42	44		previously been convicted of an offense described by that paragraph
43	45		if the person was adjudged guilty of the offense or entered a plea
44	46		of guilty or nolo contendere in return for a grant of deferred
45	47		adjudication community supervision, regardless of whether the
46	48		sentence for the offense was ever imposed or whether the sentence
47	49		was probated and the person was subsequently discharged from
48	50		deferred adjudication community supervision.
49		-	(d-2) At the punishment stage of a trial in which the
50		-	attorney representing the state seeks the increase in punishment
51		-	provided by Subsection (d)(3)(B), the defendant may raise the issue
52		-	as to whether, at the time of the instant offense or the previous
53		-	offense, the defendant was engaging in speech or expressive conduct
54		-	protected by the First Amendment to the United States Constitution
55		-	or Section 8, Article I, Texas Constitution. If the defendant
56		-	proves the issue in the affirmative by a preponderance of the
57		-	evidence, the increase in punishment provided by Subsection
58		-	(d)(3)(B) does not apply.
59	51		SECTION 3. The change in law made by this Act applies only
60	52		to an offense committed on or after the effective date of this Act.
61	53		An offense committed before the effective date of this Act is
62	54		governed by the law in effect on the date the offense was committed,
63	55		and the former law is continued in effect for that purpose. For
64	56		purposes of this section, an offense was committed before the
65	57		effective date of this Act if any element of the offense occurred
66	58		before that date.
67	59		SECTION 4. This Act takes effect September 1, 2017.
68		-	______________________________ ______________________________
69		-	President of the Senate Speaker of the House
70		-	I hereby certify that S.B. No. 1649 passed the Senate on
71		-	May 10, 2017, by the following vote: Yeas 25, Nays 5; and that the
72		-	Senate concurred in House amendment on May 26, 2017, by the
73		-	following vote: Yeas 25, Nays 6.
74		-	______________________________
75		-	Secretary of the Senate
76		-	I hereby certify that S.B. No. 1649 passed the House, with
77		-	amendment, on May 23, 2017, by the following vote: Yeas 105,
78		-	Nays 40, three present not voting.
79		-	______________________________
80		-	Chief Clerk of the House
81		-	Approved:
82		-	______________________________
83		-	Date
84		-	______________________________
85		-	Governor