Relating to creating the criminal offense of trespass on or near school or day-care center property.
Impact
The enactment of HB 308 is expected to enhance safety measures for schools and day-care centers, as it provides legal recourse against individuals who may pose a threat or engage in harassment near such properties. The law is designed to protect students and staff by establishing a legal framework for dealing with inappropriate behavior in proximity to educational environments, thus addressing a growing concern for school safety amid increasing reports of disruptive incidents.
Summary
House Bill 308 aims to create a new criminal offense concerning trespass on or near school and day-care center properties in Texas. Under this bill, a person commits an offense if they enter or remain on these properties without a valid reason or permission, engage in disruptive or threatening conduct, or fail to leave when requested by authorized personnel. This new provision directly adds a section to Chapter 30 of the Penal Code, tightening security measures at sensitive locations where children are present.
Contention
While proponents of HB 308 argue that the bill is necessary for the protection of students and school staff, critics may raise concerns regarding enforcement and potential overreach. The definition of disruptive behavior and the circumstances under which one may be charged could lead to subjective interpretations and potential abuse of the law. Additionally, there could be apprehensions about the effect of such regulations on parents or guardians who are legitimately present on or near school property, fostering debates about balancing security with fair treatment.
Texas Constitutional Statutes Affected
Penal Code
Chapter 30. Burglary And Criminal Trespass
Section: New Section
Human Resources Code
Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
Relating to civil and criminal consequences of trespassing on the property of another while entering this state from a neighboring jurisdiction; creating a criminal offense; providing a civil penalty.
Relating to civil and criminal consequences of trespassing on the property of another while entering this state from a neighboring jurisdiction; creating a criminal offense; providing a civil penalty.
Relating to the possession or use of marihuana or e-cigarettes on or near public school property or at certain school events; creating a criminal offense.
Relating to the creation of the criminal offense of trespass in a facility housing an animal and to restitution for property damage resulting from that trespass.
Relating to the creation of the criminal offense of trespass in a facility housing an animal and to restitution for property damage resulting from that trespass.