| |
|
|
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. |
|
|
|
|
|
* * * * * |