By: Bettencourt S.B. No. 1969
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for certain offenses
committed on or near the premises of a day-care center, school, or
postsecondary educational institution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.502 to read as follows:
Sec. 12.502. PENALTY IF OFFENSE COMMITTED ON OR NEAR
PREMISES OF DAY-CARE CENTER, SCHOOL, OR POSTSECONDARY EDUCATIONAL
INSTITUTION. (a) In this section:
(1) "Day-care center" has the meaning assigned by
Section 42.002, Human Resources Code.
(2) "Postsecondary educational institution" means:
(A) an institution of higher education or a
private or independent institution of higher education as defined
by Section 61.003, Education Code; or
(B) a career school or college as defined by
Section 132.001, Education Code.
(3) "Premises" means real property and all buildings
and appurtenances pertaining to the real property.
(4) "School" means a public or private elementary or
secondary school.
(b) Except as provided by Subsection (c), if it is shown on
the trial of an offense under Chapter 21 that the offense was
committed in a location that was on the premises of or within 1,500
feet of the premises of a day-care center, school, or postsecondary
educational institution, the category of punishment under that
chapter for the offense is increased to a higher category of offense
as follows:
(1) a Class C misdemeanor is increased to a Class B
misdemeanor;
(2) a Class B misdemeanor is increased to a Class A
misdemeanor;
(3) a Class A misdemeanor is increased to a state jail
felony;
(4) a state jail felony is increased to a felony of the
third degree;
(5) a felony of the third degree is increased to a
felony of the second degree; and
(6) a felony of the second degree is increased to a
felony of the first degree.
(c) For an offense otherwise punishable under Subsection
(b), if it is shown on the trial of the offense that the person has
been previously convicted twice of an offense under Chapter 21 for
which the punishment was increased under Subsection (b), the
category of punishment under that chapter for the offense is
increased to a higher category of offense as follows:
(1) a Class C misdemeanor is increased to a Class A
misdemeanor;
(2) a Class B misdemeanor is increased to a state jail
felony;
(3) a Class A misdemeanor is increased to a felony of
the third degree;
(4) a state jail felony is increased to a felony of the
second degree; and
(5) a felony of the third degree or second degree is
increased to a felony of the first degree.
(d) If the punishment scheme for an offense under Chapter 21
contains a specific enhancement provision increasing punishment to
a higher minimum term of punishment than the minimum term required
by the applicable higher category of offense prescribed by
Subsection (b) or (c), the specific enhancement provision controls
over this section.
(e) A previous conviction may be used for purposes of
enhancement under this section or under another provision of
Subchapter D, Chapter 12, but not under both this section and the
other provision.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2023.