| 1 | 1 | | By: Creighton, Eiland, Ortiz, Jr., et al. H.B. No. 761 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the penalty for certain property offenses committed |
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| 7 | 7 | | during certain declared states of disaster. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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| 10 | 10 | | by adding Section 12.50 to read as follows: |
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| 11 | 11 | | Sec. 12.50. PENALTIES FOR CERTAIN PROPERTY OFFENSES |
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| 12 | 12 | | COMMITTED DURING DISASTER. (a) Subject to Subsection (b), the |
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| 13 | 13 | | punishment for an offense under Chapter 28, 29, 30, or 31 is |
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| 14 | 14 | | increased to the punishment prescribed for the next highest |
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| 15 | 15 | | category of offense if it is shown on the trial of the offense that, |
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| 16 | 16 | | on the date the actor committed any element of the offense, the area |
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| 17 | 17 | | in which the actor committed the offense was an area that: |
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| 18 | 18 | | (1) the governor declared under Section 418.014, |
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| 19 | 19 | | Government Code, to be under a state of disaster; or |
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| 20 | 20 | | (2) under Section 418.108, Government Code, by order |
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| 21 | 21 | | or proclamation was declared, continued, or renewed to be under a |
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| 22 | 22 | | local state of disaster. |
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| 23 | 23 | | (b) If the offense for which punishment is increased under |
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| 24 | 24 | | this section is ordinarily punished as a Class A misdemeanor, the |
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| 25 | 25 | | offense remains a Class A misdemeanor the minimum term of |
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| 26 | 26 | | confinement for which is increased to 180 days. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 28 | | to an offense committed on or after the effective date of this Act. |
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| 29 | 29 | | An offense committed before the effective date of this Act is |
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| 30 | 30 | | covered by the law in effect when the offense was committed, and the |
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| 31 | 31 | | former law is continued in effect for that purpose. For purposes of |
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| 32 | 32 | | this section, an offense was committed before the effective date of |
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| 33 | 33 | | this Act if any element of the offense occurred before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2009. |
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