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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment 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. Sections 30.05(d), (d-1), (d-2), and (h), Penal |
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Code, are amended to read as 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 (2) [(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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(2) [(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; |
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(B) the offense is committed on or in property of |
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an institution of higher education and it is shown on the trial of |
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the offense that the person has previously been convicted of: |
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(i) an offense under this section relating |
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to entering or remaining on or in property of an institution of |
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higher education; or |
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(ii) an offense under Section 51.204(b)(1), |
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Education Code, relating to trespassing on the grounds of an |
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institution of higher education; or |
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(C) the person carries a deadly weapon during the |
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commission of the offense. |
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(d-1) For the purposes of Subsection (d)(2)(B) [(d)(3)(B)], |
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a person has previously been convicted of an offense described by |
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that paragraph if the person was adjudged guilty of the offense or |
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entered a plea of guilty or nolo contendere in return for a grant of |
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deferred adjudication community supervision, regardless of whether |
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the sentence for the offense was ever imposed or whether the |
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sentence was probated and the person was subsequently discharged |
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from deferred adjudication community supervision. |
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(d-2) At the punishment stage of a trial in which the |
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attorney representing the state seeks the increase in punishment |
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provided by Subsection (d)(2)(B) [(d)(3)(B)], the defendant may |
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raise the issue as to whether, at the time of the instant offense or |
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the previous offense, the defendant was engaging in speech or |
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expressive conduct protected by the First Amendment to the United |
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States Constitution or Section 8, Article I, Texas Constitution. |
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If the defendant proves the issue in the affirmative by a |
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preponderance of the evidence, the increase in punishment provided |
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by Subsection (d)(2)(B) [(d)(3)(B)] does not apply. |
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(h) At the punishment stage of a trial in which the attorney |
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representing the state seeks the increase in punishment provided by |
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Subsection (d)(2)(A)(iii) [(d)(3)(A)(iii)], the defendant may |
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raise the issue as to whether the defendant entered or remained on |
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or in a critical infrastructure facility as part of a peaceful or |
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lawful assembly, including an attempt to exercise rights guaranteed |
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by state or federal labor laws. If the defendant proves the issue |
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in the affirmative by a preponderance of the evidence, the increase |
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in punishment provided by Subsection (d)(2)(A)(iii) |
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[(d)(3)(A)(iii)] does not apply. |
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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 on the date the offense was committed, |
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and 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 occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |