TO: | Honorable David Dewhurst, Lieutenant Governor, Senate |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | SB1097 by Whitmire (Relating to the penalties for the offense of criminal trespass.), As Passed 2nd House |
The bill would amend the Penal Code to change the penalties for the offense of criminal trespass. Under current statute, trespassing in another person's vehicle or in a building is a Class B misdemeanor. The proposed change in statute would change trespassing in a vehicle or building to a Class C misdemeanor unless it is shown at trial that the defendant has been previously convicted of an offense of burglary or criminal trespass, in which case the offense would be a Class B misdemeanor.
The bill would create as a Class C misdemeanor the offense of trespassing on residential land, defined as real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use. The offense would be a Class A misdemeanor if the offense is committed in a building or habitation or if the person committing the offense carries a deadly weapon during the commission of the offense.
A Class C misdemeanor is punishable by a fine not to exceed $500. A Class B misdemeanor is punishable by a fine not to exceed $2,000, confinement in county jail for up to 180 days, or both. A Class A misdemenaor is punishable by a fine not to exceed $4,000 and/or confinement of not more than one year in jail. A portion of court costs for a Class A or Class B misdemeanor of this type of offense are submitted to the state. The fiscal impact to the state would depend on how many Class A and Class B misdemeanor cases occur each year. The fiscal impact to local government would depend on the number of cases of each offense level and the discretion of the court in imposing a fine and jail time.
Source Agencies: |
LBB Staff: | JOB, ES, DB
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