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