| 1 | 1 | | By: Bettencourt S.B. No. 1969 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to increasing the criminal penalty for certain offenses |
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| 7 | 7 | | committed on or near the premises of a day-care center, school, or |
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| 8 | 8 | | postsecondary educational institution. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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| 11 | 11 | | by adding Section 12.502 to read as follows: |
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| 12 | 12 | | Sec. 12.502. PENALTY IF OFFENSE COMMITTED ON OR NEAR |
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| 13 | 13 | | PREMISES OF DAY-CARE CENTER, SCHOOL, OR POSTSECONDARY EDUCATIONAL |
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| 14 | 14 | | INSTITUTION. (a) In this section: |
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| 15 | 15 | | (1) "Day-care center" has the meaning assigned by |
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| 16 | 16 | | Section 42.002, Human Resources Code. |
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| 17 | 17 | | (2) "Postsecondary educational institution" means: |
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| 18 | 18 | | (A) an institution of higher education or a |
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| 19 | 19 | | private or independent institution of higher education as defined |
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| 20 | 20 | | by Section 61.003, Education Code; or |
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| 21 | 21 | | (B) a career school or college as defined by |
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| 22 | 22 | | Section 132.001, Education Code. |
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| 23 | 23 | | (3) "Premises" means real property and all buildings |
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| 24 | 24 | | and appurtenances pertaining to the real property. |
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| 25 | 25 | | (4) "School" means a public or private elementary or |
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| 26 | 26 | | secondary school. |
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| 27 | 27 | | (b) Except as provided by Subsection (c), if it is shown on |
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| 28 | 28 | | the trial of an offense under Chapter 21 that the offense was |
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| 29 | 29 | | committed in a location that was on the premises of or within 1,500 |
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| 30 | 30 | | feet of the premises of a day-care center, school, or postsecondary |
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| 31 | 31 | | educational institution, the category of punishment under that |
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| 32 | 32 | | chapter for the offense is increased to a higher category of offense |
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| 33 | 33 | | as follows: |
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| 34 | 34 | | (1) a Class C misdemeanor is increased to a Class B |
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| 35 | 35 | | misdemeanor; |
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| 36 | 36 | | (2) a Class B misdemeanor is increased to a Class A |
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| 37 | 37 | | misdemeanor; |
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| 38 | 38 | | (3) a Class A misdemeanor is increased to a state jail |
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| 39 | 39 | | felony; |
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| 40 | 40 | | (4) a state jail felony is increased to a felony of the |
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| 41 | 41 | | third degree; |
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| 42 | 42 | | (5) a felony of the third degree is increased to a |
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| 43 | 43 | | felony of the second degree; and |
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| 44 | 44 | | (6) a felony of the second degree is increased to a |
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| 45 | 45 | | felony of the first degree. |
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| 46 | 46 | | (c) For an offense otherwise punishable under Subsection |
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| 47 | 47 | | (b), if it is shown on the trial of the offense that the person has |
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| 48 | 48 | | been previously convicted twice of an offense under Chapter 21 for |
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| 49 | 49 | | which the punishment was increased under Subsection (b), the |
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| 50 | 50 | | category of punishment under that chapter for the offense is |
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| 51 | 51 | | increased to a higher category of offense as follows: |
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| 52 | 52 | | (1) a Class C misdemeanor is increased to a Class A |
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| 53 | 53 | | misdemeanor; |
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| 54 | 54 | | (2) a Class B misdemeanor is increased to a state jail |
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| 55 | 55 | | felony; |
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| 56 | 56 | | (3) a Class A misdemeanor is increased to a felony of |
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| 57 | 57 | | the third degree; |
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| 58 | 58 | | (4) a state jail felony is increased to a felony of the |
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| 59 | 59 | | second degree; and |
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| 60 | 60 | | (5) a felony of the third degree or second degree is |
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| 61 | 61 | | increased to a felony of the first degree. |
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| 62 | 62 | | (d) If the punishment scheme for an offense under Chapter 21 |
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| 63 | 63 | | contains a specific enhancement provision increasing punishment to |
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| 64 | 64 | | a higher minimum term of punishment than the minimum term required |
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| 65 | 65 | | by the applicable higher category of offense prescribed by |
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| 66 | 66 | | Subsection (b) or (c), the specific enhancement provision controls |
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| 67 | 67 | | over this section. |
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| 68 | 68 | | (e) A previous conviction may be used for purposes of |
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| 69 | 69 | | enhancement under this section or under another provision of |
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| 70 | 70 | | Subchapter D, Chapter 12, but not under both this section and the |
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| 71 | 71 | | other provision. |
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| 72 | 72 | | SECTION 2. The change in law made by this Act applies only |
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| 73 | 73 | | to an offense committed on or after the effective date of this Act. |
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| 74 | 74 | | An offense committed before the effective date of this Act is |
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| 75 | 75 | | governed by the law in effect on the date the offense was committed, |
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| 76 | 76 | | and the former law is continued in effect for that purpose. For |
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| 77 | 77 | | purposes of this section, an offense was committed before the |
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| 78 | 78 | | effective date of this Act if any element of the offense occurred |
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| 79 | 79 | | before that date. |
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| 80 | 80 | | SECTION 3. This Act takes effect September 1, 2023. |
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