By: Patrick S.B. No. 359
(In the Senate - Filed December 15, 2008; February 17, 2009,
read first time and referred to Subcommittee on Flooding and
Evacuations; March 30, 2009, reported adversely, with favorable
Committee Substitute from Committee on Intergovernmental Relations
by the following vote: Yeas 5, Nays 0; March 30, 2009, sent to
printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 359 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to punishment for certain offenses committed in a disaster
area or an evacuated area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.50 to read as follows:
Sec. 12.50. PENALTY IF OFFENSE COMMITTED IN DISASTER AREA
OR EVACUATED AREA. (a) Subject to Subsection (c), the punishment
for an offense described by Subsection (b) is increased to the
punishment prescribed for the next higher category of offense if it
is shown on the trial of the offense that the offense was committed
in an area that is:
(1) considered to be a disaster area by:
(A) the president of the United States under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5121 et seq.);
(B) the governor under Section 418.014,
Government Code;
(C) the presiding officer of the governing body
of a political subdivision under Section 418.108, Government Code;
or
(D) any other government official under state or
federal law; or
(2) subject to an emergency evacuation order.
(b) The increase in punishment authorized by this section
applies only to an offense under:
(1) Section 22.01;
(2) Section 29.02;
(3) Section 30.02; and
(4) Section 31.03.
(c) If an offense listed under Subsection (b)(1) or (4) is
punishable as a Class A misdemeanor, the minimum term of
confinement for the offense is increased to 180 days. If an offense
listed under Subsection (b)(3) or (4) is punishable as a felony of
the first degree, the punishment for that offense may not be
increased under this section.
(d) It is a defense to a charge under Subsection (b)(4) that
the conduct in question meets the elements of necessity outlined in
Section 9.22.
(e) For purposes of this section, "emergency evacuation
order" means an official statement issued by the governing body of
this state or a political subdivision of this state to recommend or
require the evacuation of all or part of the population of an area
stricken or threatened with a disaster.
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 at the time 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, 2009.
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