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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for certain offenses |
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committed on or near the premises of a day-care center, school, or |
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postsecondary educational institution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.502 to read as follows: |
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Sec. 12.502. PENALTY IF OFFENSE COMMITTED ON OR NEAR |
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PREMISES OF DAY-CARE CENTER, SCHOOL, OR POSTSECONDARY EDUCATIONAL |
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INSTITUTION. (a) In this section: |
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(1) "Day-care center" has the meaning assigned by |
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Section 42.002, Human Resources Code. |
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(2) "Postsecondary educational institution" means: |
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(A) an institution of higher education or a |
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private or independent institution of higher education as defined |
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by Section 61.003, Education Code; or |
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(B) a career school or college as defined by |
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Section 132.001, Education Code. |
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(3) "Premises" means real property and all buildings |
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and appurtenances pertaining to the real property. |
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(4) "School" means a public or private elementary or |
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secondary school. |
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(b) Except as provided by Subsection (c), if it is shown on |
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the trial of an offense under Chapter 21 that the offense was |
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committed in a location that was on the premises of or within 1,500 |
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feet of the premises of a day-care center, school, or postsecondary |
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educational institution, the category of punishment under that |
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chapter for the offense is increased to a higher category of offense |
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as follows: |
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(1) a Class C misdemeanor is increased to a Class B |
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misdemeanor; |
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(2) a Class B misdemeanor is increased to a Class A |
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misdemeanor; |
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(3) a Class A misdemeanor is increased to a state jail |
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felony; |
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(4) a state jail felony is increased to a felony of the |
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third degree; |
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(5) a felony of the third degree is increased to a |
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felony of the second degree; and |
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(6) a felony of the second degree is increased to a |
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felony of the first degree. |
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(c) For an offense otherwise punishable under Subsection |
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(b), if it is shown on the trial of the offense that the person has |
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been previously convicted twice of an offense under Chapter 21 for |
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which the punishment was increased under Subsection (b), the |
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category of punishment under that chapter for the offense is |
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increased to a higher category of offense as follows: |
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(1) a Class C misdemeanor is increased to a Class A |
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misdemeanor; |
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(2) a Class B misdemeanor is increased to a state jail |
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felony; |
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(3) a Class A misdemeanor is increased to a felony of |
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the third degree; |
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(4) a state jail felony is increased to a felony of the |
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second degree; and |
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(5) a felony of the third degree or second degree is |
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increased to a felony of the first degree. |
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(d) If the punishment scheme for an offense under Chapter 21 |
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contains a specific enhancement provision increasing punishment to |
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a higher minimum term of punishment than the minimum term required |
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by the applicable higher category of offense prescribed by |
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Subsection (b) or (c), the specific enhancement provision controls |
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over this section. |
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(e) A previous conviction may be used for purposes of |
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enhancement under this section or under another provision of |
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Subchapter D, Chapter 12, but not under both this section and the |
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other provision. |
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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, 2023. |