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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 431

79R322 KCR-F                                                                                                                By: Staples

                                                                                                 Transportation & Homeland Security

                                                                                                                                            2/22/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

At this time, provisions of the Penal Code addressing criminal trespass do not mention trespass on or in a critical infrastructure facility.  It is currently considered a Class B misdemeanor.  Critical infrastructures include chemical manufacturing facilities, refineries, electrical power generating facilities, water intake structures, water treatment facilities, ports, railroad switching yards, trucking terminals, and other transportation facilities.

 

As proposed, S.B. 431 increases the penalty for this sort of trespass to a Class A misdemeanor, which is the same level as trespass in a habitation, shelter, or superfund site.

 

RULEMAKING AUTHORITY

 

This bill does not expressly 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 (7) to define "critical infrastructure facility."

 

SECTION 2.  Amends Section 30.05, Penal Code, by amending Subsection (d) and by adding Subsection (g), as follows:

 

(d) Provides that an offense under Subsection (a) (Criminal Trespass) is a Class B misdemeanor, except that it is a Class A misdemeanor if the offense is committed on or in a critical infrastructure facility.

 

(g) Authorizes the defendant, at the punishment stage of a trial in which the attorney representing the state seeks increased punishment for criminal trespass because it was on or in a critical infrastructure facility, to raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a lawful assembly or peaceful and orderly petition for the redress of grievances.  Provides that if the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment does not apply.

 

SECTION 3.  Makes application of this Act prospective.

 

SECTION 4.  Effective date: September 1, 2005.