BILL ANALYSIS
Senate Research Center S.B. 431
79R322 KCR-F By: Staples
Transportation & Homeland Security
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
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.