|
|
|
|
By: Hagenbuch |
S.B. No. 1602 |
|
(In the Senate - Filed February 24, 2025; March 10, 2025, |
|
read first time and referred to Committee on Criminal Justice; |
|
May 5, 2025, reported adversely, with favorable Committee |
|
Substitute by the following vote: Yeas 7, Nays 0; May 5, 2025, sent |
|
to printer.) |
|
|
COMMITTEE SUBSTITUTE FOR S.B. No. 1602 |
By: Flores |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to creating the criminal offense of trespass on or near |
|
school or day-care center property. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 30, Penal Code, is amended by adding |
|
Section 30.055 to read as follows: |
|
Sec. 30.055. TRESPASS ON OR NEAR SCHOOL OR DAY-CARE CENTER |
|
PROPERTY. (a) In this section: |
|
(1) "Day-care center" has the meaning assigned by |
|
Section 42.002, Human Resources Code. |
|
(2) "Public property" includes a street, highway, |
|
alley, public park, or sidewalk. |
|
(3) "School" means a private or public elementary or |
|
secondary school. |
|
(4) "School or day-care center property" means: |
|
(A) all land and buildings owned or leased by a |
|
school or day-care center; and |
|
(B) any grounds or buildings on which an activity |
|
sponsored by the school or day-care center is being conducted. |
|
(b) A person commits an offense if the person: |
|
(1) enters or remains on: |
|
(A) school or day-care center property; or |
|
(B) public property located within 500 feet of |
|
school or day-care center property; |
|
(2) while in the location described by Subdivision |
|
(1): |
|
(A) poses a substantial risk of harm to any |
|
person; |
|
(B) causes a disruption to the school or day-care |
|
center learning environment; or |
|
(C) on more than one occasion and pursuant to the |
|
same scheme or course of conduct, behaves in a manner that is |
|
inappropriate for a school or day-care center setting; and |
|
(3) receives a request to depart by an administrator, |
|
educator, or security personnel officer employed by the school or |
|
day-care center and fails to depart. |
|
(c) An offense under this section is a Class A misdemeanor. |
|
(d) If conduct constituting an offense under this section |
|
also constitutes an offense under another section of this code, the |
|
actor may be prosecuted under either section or both sections. |
|
SECTION 2. This Act takes effect September 1, 2025. |
|
|
|
* * * * * |