Bill Text: TX SB206 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of criminal trespass.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to Criminal Justice [SB206 Detail]
Download: Texas-2023-SB206-Introduced.html
| 88R1496 CJD-D | ||
| By: Eckhardt | S.B. No. 206 | |
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| relating to the prosecution of the offense of criminal trespass. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 30.05(a), Penal Code, is amended to read | ||
| as follows: | ||
| (a) A person commits an offense if the person intentionally, | ||
| knowingly, or recklessly enters or remains on or in property of | ||
| another, including residential land, agricultural land, a | ||
| recreational vehicle park, a building, a general residential | ||
| operation operating as a residential treatment center, or an | ||
| aircraft or other vehicle, without effective consent and the | ||
| person: | ||
| (1) had notice that the entry was forbidden; or | ||
| (2) received notice to depart but failed to do so. | ||
| SECTION 2. Section 30.05(b)(2), Penal Code, is amended to | ||
| read as follows: | ||
| (2) "Notice" means: | ||
| (A) oral or written communication or other | ||
| personal notice that is given by the owner or someone with apparent | ||
| authority to act for the owner and that a reasonable person would | ||
| understand; | ||
| (B) fencing or other enclosure [ |
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| designed to exclude intruders or to contain livestock and | ||
| maintained in a condition that would lead a reasonable person to | ||
| believe that the enclosure was intended to serve that purpose; | ||
| (C) a sign or signs posted on the property or at | ||
| the entrance to the building, reasonably likely to come to the | ||
| attention of intruders, clearly and explicitly indicating that | ||
| entry is forbidden; | ||
| (D) the placement of identifying purple paint | ||
| marks on trees or posts on the property, provided that the marks | ||
| are: | ||
| (i) vertical lines of not less than eight | ||
| inches in length and not less than one inch in width; | ||
| (ii) placed so that the bottom of the mark | ||
| is not less than three feet from the ground or more than five feet | ||
| from the ground; and | ||
| (iii) placed at locations that are readily | ||
| visible to any person approaching the property and no more than: | ||
| (a) 100 feet apart on forest land; or | ||
| (b) 1,000 feet apart on land other | ||
| than forest land; or | ||
| (E) the visible presence on the property of a | ||
| crop grown for human consumption that is under cultivation, in the | ||
| process of being harvested, or marketable if harvested at the time | ||
| of entry. | ||
| SECTION 3. 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 4. This Act takes effect September 1, 2023. | ||
