|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the penalties for the offense of criminal trespass. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 30.05(d), Penal Code, is amended to read |
|
as follows: |
|
(d) An offense under Subsection (e) is a Class C misdemeanor |
|
unless it is committed in a 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. An |
|
offense under Subsection (a) is a Class C [B] misdemeanor, except |
|
that the offense is: |
|
(1) a Class B misdemeanor if it is shown on the trial |
|
of the offense that the defendant has been previously convicted of |
|
an offense under this section; and |
|
(2) a Class A misdemeanor if: |
|
(A) [(1)] the offense is committed: |
|
(i) [(A)] in a habitation or a shelter |
|
center; |
|
(ii) [(B)] on a Superfund site; or |
|
(iii) [(C)] on or in a critical |
|
infrastructure facility; or |
|
(B) [(2)] the actor carries a deadly weapon on or |
|
about his person during the commission of the offense. |
|
SECTION 2. The change in law made by this Act applies only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect when the offense was committed, and |
|
the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense was |
|
committed before that date. |
|
SECTION 3. This Act takes effect September 1, 2007. |