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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the offense of |
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criminal trespass. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.05(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person [he] enters or |
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remains on or in property of another, including residential land, |
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agricultural land, a recreational vehicle park, a building, or an |
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aircraft or other vehicle, [of another] without effective consent |
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[or he enters or remains in a building of another without effective
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consent] and the person [he]: |
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(1) had notice that the entry was forbidden; or |
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(2) received notice to depart but failed to do so. |
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SECTION 2. Section 30.05(b), Penal Code, is amended by |
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adding Subdivisions (8) and (9) to read as follows: |
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(8) "Recreational vehicle park" means a tract of land |
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that has rental spaces for two or more recreational vehicles, as |
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defined by Section 522.004, Transportation Code. |
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(9) "Residential land" means real property improved by |
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a dwelling and zoned for or otherwise authorized for single-family |
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or multifamily use. |
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SECTION 3. Section 30.05, Penal Code, is amended by |
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amending Subsections (c) and (d) and adding Subsection (k) to read |
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as follows: |
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(c) It is a defense to prosecution under this section that |
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the actor at the time of the offense was: |
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(1) a fire fighter or emergency medical services |
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personnel, as [that term is] defined by Section 773.003, Health and |
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Safety Code, acting in the lawful discharge of an official duty |
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under exigent circumstances; |
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(2) an employee or agent of an electric utility, as |
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defined by Section 31.002, Utilities Code, or an employee or agent |
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of a gas utility, as defined by Section 101.003 or 121.001, |
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Utilities Code, who was performing a duty within the scope of |
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employment or agency; or |
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(3) a person who was: |
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(A) employed by or acting as agent for an entity |
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that had, or that the person reasonably believed had, effective |
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consent or authorization provided by law to enter the property; and |
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(B) performing a duty within the scope of that |
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employment or agency. |
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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 (k) is a Class C misdemeanor unless it is |
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committed in a building or 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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(k) A person commits an offense if without express consent |
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or if without authorization provided by any law, whether in writing |
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or other form, the person: |
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(1) enters or remains on residential land of another; |
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and |
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(2) had notice that the entry was forbidden or |
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received notice to depart but failed to do so. |
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SECTION 4. 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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2009. |