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A BILL TO BE ENTITLED
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AN ACT
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relating to an enhanced penalty for repeated criminal trespass on |
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or in the property of a public institution of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.05, Penal Code, is amended by |
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amending Subsection (d), and adding Subsection (j), to read as |
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follows: |
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(d) An offense under this section is: |
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(1) a Class B misdemeanor, except as provided by |
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Subdivisions (2) and (3); |
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(2) a Class C misdemeanor, except as provided by |
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Subdivision (3), if the offense is committed: |
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(A) on agricultural land and within 100 feet of |
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the boundary of the land; or |
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(B) on residential land and within 100 feet of a |
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protected freshwater area; and |
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(3) a Class A misdemeanor if: |
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(A) the offense is committed: |
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(i) in a habitation or a shelter center; |
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(ii) on a Superfund site; or |
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(iii) on or in a critical infrastructure |
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facility; [or] |
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(B) the person carries a deadly weapon during the |
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commission of the offense; or |
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(C) the offense committed on or in the property of |
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an institution of higher education, as defined by Section 61.003, |
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Education Code, and it is shown on the trial of the offense that the |
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defendant has been previously convicted of an offense under this |
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section for entering or remaining on or in the property of an |
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institution of higher education. |
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(j) For the purposes of Subsection (d)(3)(C), a defendant |
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has been previously convicted under this section if the defendant |
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was adjudged guilty of the offense or entered a plea of guilty or |
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nolo contendere in return for a grant of deferred adjudication, |
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regardless of whether the sentence for the offense was ever imposed |
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or whether the sentence was probated and the defendant was |
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subsequently discharged from community supervision. |
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SECTION 2. This Act takes effect September 1, 2017. |