HB0511In Committee

Amends TCA Title 57, Chapter 2; Title 57, Chapter 3 and Title 57, Chapter 4.

This bill removes defenses to certain prosecutions for criminal trespass at a retail package store.<br /> <br /> Under present law, a person may be charged with criminal trespass, if the person is:<br /> <br /> (1) Between 18 and 21 years of age;<br /> (2) Visibly intoxicated or otherwise disruptive; and<br /> (3) Asked by the owner or employee of an establishment that sells alcoholic beverages at retail to leave the premises, and that person remains on the premises.<br /> <br /> Also, under present law, it is a defense to prosecution for criminal trespass that:<br /> <br /> (1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;<br /> (2) The person's conduct did not substantially interfere with the owner's use of the property; and<br /> (3) The person immediately left the property upon request.<br /> <br /> Under this bill, the above-described defenses to prosecution for criminal trespass will not be available to a person who is charged with criminal trespass at a retail package store.<br /> <br />

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Overview

This bill removes defenses to certain prosecutions for criminal trespass at a retail package store.<br /> <br /> Under present law, a person may be charged with criminal trespass, if the person is:<br /> <br /> (1) Between 18 and 21 years of age;<br /> (2) Visibly intoxicated or otherwise disruptive; and<br /> (3) Asked by the owner or employee of an establishment that sells alcoholic beverages at retail to leave the premises, and that person remains on the premises.<br /> <br /> Also, under present law, it is a defense to prosecution for criminal trespass that:<br /> <br /> (1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;<br /> (2) The person's conduct did not substantially interfere with the owner's use of the property; and<br /> (3) The person immediately left the property upon request.<br /> <br /> Under this bill, the above-described defenses to prosecution for criminal trespass will not be available to a person who is charged with criminal trespass at a retail package store.<br /> <br />

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Sponsor

Unknown

Details
Session

111th General Assembly

Introduced

February 4, 2019

Last Action

June 3, 2020

Taken off notice for cal in s/c Departments & Agencies Subcommittee of State Committee

Subjects
Alcoholic BeveragesCriminal Offenses

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