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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

House Bill 2609

House Author:  Miller, Doug et al.

Effective:  9-1-09

Senate Sponsor:  Wentworth


            House Bill 2609 amends provisions of the Penal Code relating to the prosecution and punishment of the offense of criminal trespass. The bill expands the conduct that constitutes the Class B misdemeanor offense of criminal trespass to include entering or remaining on or in residential land, agricultural land, or a recreational vehicle park of another without effective consent and decreases the penalty to a Class C misdemeanor if the offense is committed on agricultural land and within 100 feet of the boundary of the land or on residential land and within 100 feet of a protected freshwater area. The bill establishes a defense to prosecution for the criminal trespass for a firefighter or emergency medical services personnel acting in lawful discharge of official duties, an employee or agent of certain utility or service providers performing an official duty, or an entity that had effective consent or authorization to enter the property.