BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1097

                                                                                                                                      By: Whitmire

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, a criminal trespass violation is a Class B misdemeanor.  However, this current classification does not provide for the most efficient usage of a law enforcement officer’s time, as the processing of a Class B misdemeanor requires extensive paperwork, including the filing of charges with a local district attorney and the booking of a suspect into the county jail system, which can take over three hours.  By contrast, a Class C misdemeanor may be processed in as little as 30 minutes.

 

As proposed, S.B. 1097 changes a first-time offense of criminal trespass from a Class B to a Class C misdemeanor.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Senate Bill 1097 amends Section 30.05(d), Penal Code, that it is a Class C misdemeanor if a person commits a first offense entering or remaining on or in a property, including an aircraft or other vehicle, of another without effective consent or entering or remaining in a building of another without effective consent and the person had notice that the entry was forbidden or received notice to depart but failed to do so.  Makes non-substantive changes.  Makes application of this Act prospective.

 

EFFECTIVE DATE

 

September 1, 2007.