By: Bettencourt  S.B. No. 1969
         (In the Senate - Filed March 8, 2023; March 21, 2023, read
  first time and referred to Committee on Criminal Justice;
  April 19, 2023, reported favorably by the following vote:  Yeas 7,
  Nays 0; April 19, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to increasing the criminal penalty for certain offenses
  committed on or near the premises of a day-care center, school, or
  postsecondary educational institution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
  by adding Section 12.502 to read as follows:
         Sec. 12.502.  PENALTY IF OFFENSE COMMITTED ON OR NEAR
  PREMISES OF DAY-CARE CENTER, SCHOOL, OR POSTSECONDARY EDUCATIONAL
  INSTITUTION. (a) In this section:
               (1)  "Day-care center" has the meaning assigned by
  Section 42.002, Human Resources Code.
               (2)  "Postsecondary educational institution" means:
                     (A)  an institution of higher education or a
  private or independent institution of higher education as defined
  by Section 61.003, Education Code; or
                     (B)  a career school or college as defined by
  Section 132.001, Education Code.
               (3)  "Premises" means real property and all buildings
  and appurtenances pertaining to the real property.
               (4)  "School" means a public or private elementary or
  secondary school.
         (b)  Except as provided by Subsection (c), if it is shown on
  the trial of an offense under Chapter 21 that the offense was
  committed in a location that was on the premises of or within 1,500
  feet of the premises of a day-care center, school, or postsecondary
  educational institution, the category of punishment under that
  chapter for the offense is increased to a higher category of offense
  as follows:
               (1)  a Class C misdemeanor is increased to a Class B
  misdemeanor;
               (2)  a Class B misdemeanor is increased to a Class A
  misdemeanor;
               (3)  a Class A misdemeanor is increased to a state jail
  felony;
               (4)  a state jail felony is increased to a felony of the
  third degree;
               (5)  a felony of the third degree is increased to a
  felony of the second degree; and
               (6)  a felony of the second degree is increased to a
  felony of the first degree.
         (c)  For an offense otherwise punishable under Subsection
  (b), if it is shown on the trial of the offense that the person has
  been previously convicted twice of an offense under Chapter 21 for
  which the punishment was increased under Subsection (b), the
  category of punishment under that chapter for the offense is
  increased to a higher category of offense as follows:
               (1)  a Class C misdemeanor is increased to a Class A
  misdemeanor;
               (2)  a Class B misdemeanor is increased to a state jail
  felony;
               (3)  a Class A misdemeanor is increased to a felony of
  the third degree;
               (4)  a state jail felony is increased to a felony of the
  second degree; and
               (5)  a felony of the third degree or second degree is
  increased to a felony of the first degree.
         (d)  If the punishment scheme for an offense under Chapter 21
  contains a specific enhancement provision increasing punishment to
  a higher minimum term of punishment than the minimum term required
  by the applicable higher category of offense prescribed by
  Subsection (b) or (c), the specific enhancement provision controls
  over this section.
         (e)  A previous conviction may be used for purposes of
  enhancement under this section or under another provision of
  Subchapter D, Chapter 12, but not under both this section and the
  other provision.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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