SRC-JBJ H.B. 436 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 436
By: Turner, Bob (Duncan)
Criminal Justice
4/26/1999
Engrossed


DIGEST 

Currently, a minor criminal trespass is a Class B misdemeanor under Section
30.05, Penal Code.  In rural counties, however, a minor trespass may
consist of a sightseer trespassing to view or pick wild flowers.
Classifying criminal trespassing on agricultural land as a Class C
misdemeanor may make case disposition swifter and less expensive.  H.B. 436
would create a Class C misdemeanor for an offense of trespass on
agricultural lands. 

PURPOSE

As proposed, H.B. 436 creates a Class C misdemeanor for an offense of
trespass on agricultural lands. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 30.05(b), Penal Code, by adding Subdivision (5),
to redefine "agricultural land." 

SECTION 2.  Amends Section 30.05, Penal Code, by amending Subsection (d)
and adding Subsection (e), to establish that a person who does not have
express consent or legal authority to enter or remain on the agricultural
land of another, who is on the agricultural land and within 100 feet of the
boundary when apprehended, and had notice that the entry was forbidden or
received notice to depart but did not depart, commits a Class C
misdemeanor, unless the offense occurs in a habitation or shelter center,
or unless the actor carries a deadly weapon on or about the actor's person
during the offense, in which case the offense is a Class A misdemeanor.
Makes conforming and nonsubstantive changes. 

SECTION 3.Makes application of this Act prospective.

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.