BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 597

80R5149 UM-D                                                                                                         By: Wentworth

                                                                                                                                   Criminal Justice

                                                                                                                                            3/26/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, Chapter 30.05, Penal Code, provides that an offense of trespass is a Class B misdemeanor.  When a person trespasses on residential property, a police officer's only recourse is to arrest the trespasser. 

 

As proposed, S.B. 597 amends the Penal Code to provide that the offense of trespass on residential land is a Class C misdemeanor, allowing a law enforcement officer to issue a ticket, rather than making an arrest.  S.B. 597 provides that an offense of trespass is a Class C misdemeanor, unless it occurs in a building or habitation or the individual carries a weapon, in which case it would be a Class B misdemeanor and a Class A misdemeanor, respectively.

 

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 (8), to define "residential land."

 

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

 

(c)  Provides that it is a defense to prosecution under this section (Criminal Trespass) that the actor at the time of the offense was an employee of an electric utility, as defined by Section 31.002, Utilities Code, or an employee of a gas utility, as defined by Section 101.003 or 121.001, Utilities Code, who was performing a duty within the scope of employment.

 

(d)  Provides that an offense under Subsection (k) is a Class C misdemeanor unless it is committed in a building or habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor. 

 

(k)  Provides that a person commits an offense if without express consent or if without authorization provided by any law, whether in writing or other form, the person enters or remains on residential land of another, and had notice that the entry was forbidden or received notice to depart but failed to do so.

 

SECTION 3.  Makes application of this Act prospective.

 

SECTION 4.  Effective date: upon passage or September 1, 2007.