Texas 2023 - 88th Regular

Texas House Bill HB3553 Compare Versions

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1	1	H.B. No. 3553
2	2
3	3
4	4	AN ACT
5	5	relating to increasing the criminal penalty for certain offenses if
6	6	committed at certain locations.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
9	9	by adding Section 12.502 to read as follows:
10	10	Sec. 12.502. PENALTY IF OFFENSE COMMITTED ON PREMISES OF
11	11	POSTSECONDARY EDUCATIONAL INSTITUTION. (a) In this section:
12	12	(1) "Postsecondary educational institution" means:
13	13	(A) an institution of higher education or a
14	14	private or independent institution of higher education as defined
15	15	by Section 61.003, Education Code; or
16	16	(B) a career school or college as defined by
17	17	Section 132.001, Education Code.
18	18	(2) "Premises" means real property and all buildings
19	19	and appurtenances pertaining to the real property.
20	20	(b) Except as provided by Subsection (c), if it is shown on
21	21	the trial of an offense under Section 21.07, 21.08, 21.15, or 21.17
22	22	that the offense was committed in a location that was on the
23	23	premises of a postsecondary educational institution, the category
24	24	of punishment for the offense is increased to a higher category of
25	25	offense as follows:
26	26	(1) a Class C misdemeanor is increased to a Class B
27	27	misdemeanor;
28	28	(2) a Class B misdemeanor is increased to a Class A
29	29	misdemeanor;
30	30	(3) a Class A misdemeanor is increased to a state jail
31	31	felony; and
32	32	(4) a state jail felony is increased to a felony of the
33	33	third degree.
34	34	(c) For an offense otherwise punishable under Subsection
35	35	(b), if it is shown on the trial of the offense that the person has
36	36	been previously convicted twice of an offense under Section 21.07,
37	37	21.08, 21.15, or 21.17 for which the punishment was increased under
38	38	Subsection (b), the category of punishment for the offense is
39	39	increased to a higher category of offense as follows:
40	40	(1) a Class C misdemeanor is increased to a Class A
41	41	misdemeanor;
42	42	(2) a Class B misdemeanor is increased to a state jail
43	43	felony;
44	44	(3) a Class A misdemeanor is increased to a felony of
45	45	the third degree; and
46	46	(4) a state jail felony is increased to a felony of the
47	47	second degree.
48	48	(d) If the punishment scheme for an offense under Section
49	49	21.07, 21.08, 21.15, or 21.17 contains a specific enhancement
50	50	provision increasing punishment to a higher minimum term of
51	51	punishment than the minimum term required by the applicable higher
52	52	category of offense prescribed by Subsection (b) or (c), the
53	53	specific enhancement provision controls over this section.
54	54	(e) A previous conviction may be used for purposes of
55	55	enhancement under this section or under another provision of
56	56	Subchapter D, Chapter 12, but not under both this section and the
57	57	other provision.
58	58	SECTION 2. Section 20A.02(b-1), Penal Code, is amended to
59	59	read as follows:
60	60	(b-1) An offense under this section is a felony of the first
61	61	degree punishable by imprisonment in the Texas Department of
62	62	Criminal Justice for life or for a term of not more than 99 years or
63	63	less than 25 years if it is shown on the trial of the offense that
64	64	the actor committed the offense in a location that was:
65	65	(1) on the premises of or within 1,000 feet of the
66	66	premises of:
67	67	(A) a school; or
68	68	(B) an institution of higher education or private
69	69	or independent institution of higher education, as defined by
70	70	Section 61.003, Education Code; or
71	71	(2) on premises or within 1,000 feet of premises
72	72	where:
73	73	(A) an official school function was taking place;
74	74	or
75	75	(B) an event sponsored or sanctioned by the
76	76	University Interscholastic League was taking place.
77	77	SECTION 3. The change in law made by this Act applies only
78	78	to an offense committed on or after the effective date of this Act.
79	79	An offense committed before the effective date of this Act is
80	80	governed by the law in effect on the date the offense was committed,
81	81	and the former law is continued in effect for that purpose. For
82	82	purposes of this section, an offense was committed before the
83	83	effective date of this Act if any element of the offense occurred
84	84	before that date.
85	85	SECTION 4. This Act takes effect September 1, 2023.
86	86	______________________________ ______________________________
87	87	President of the Senate Speaker of the House
88	88	I certify that H.B. No. 3553 was passed by the House on May 4,
89	89	2023, by the following vote: Yeas 145, Nays 0, 2 present, not
90	90	voting; and that the House concurred in Senate amendments to H.B.
91	91	No. 3553 on May 25, 2023, by the following vote: Yeas 141, Nays 1,
92	92	2 present, not voting.
93	93	______________________________
94	94	Chief Clerk of the House
95	95	I certify that H.B. No. 3553 was passed by the Senate, with
96	96	amendments, on May 18, 2023, by the following vote: Yeas 31, Nays
97	97	0.
98	98	______________________________
99	99	Secretary of the Senate
100	100	APPROVED: __________________
101	101	Date
102	102	__________________
103	103	Governor