Texas 2009 - 81st Regular

Texas Senate Bill SB359 Compare Versions

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Old	New	Differences
1	1	S.B. No. 359
2	2
3	3
4	4	AN ACT
5	5	relating to punishment for certain offenses committed in a disaster
6	6	area or an evacuated area.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
9	9	by adding Section 12.50 to read as follows:
10	10	Sec. 12.50. PENALTY IF OFFENSE COMMITTED IN DISASTER AREA
11	11	OR EVACUATED AREA. (a) Subject to Subsection (c), the punishment
12	12	for an offense described by Subsection (b) is increased to the
13	13	punishment prescribed for the next higher category of offense if it
14	14	is shown on the trial of the offense that the offense was committed
15	15	in an area that was, at the time of the offense:
16	16	(1) subject to a declaration of a state of disaster
17	17	made by:
18	18	(A) the president of the United States under the
19	19	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
20	20	U.S.C. Section 5121 et seq.);
21	21	(B) the governor under Section 418.014,
22	22	Government Code; or
23	23	(C) the presiding officer of the governing body
24	24	of a political subdivision under Section 418.108, Government Code;
25	25	or
26	26	(2) subject to an emergency evacuation order.
27	27	(b) The increase in punishment authorized by this section
28	28	applies only to an offense under:
29	29	(1) Section 22.01;
30	30	(2) Section 29.02;
31	31	(3) Section 30.02; and
32	32	(4) Section 31.03.
33	33	(c) If an offense listed under Subsection (b)(1) or (4) is
34	34	punishable as a Class A misdemeanor, the minimum term of
35	35	confinement for the offense is increased to 180 days. If an offense
36	36	listed under Subsection (b)(3) or (4) is punishable as a felony of
37	37	the first degree, the punishment for that offense may not be
38	38	increased under this section.
39	39	(d) It is a defense to a charge under Subsection (b)(4) that
40	40	the conduct in question meets the elements of necessity outlined in
41	41	Section 9.22.
42	42	(e) For purposes of this section, "emergency evacuation
43	43	order" means an official statement issued by the governing body of
44	44	this state or a political subdivision of this state to recommend or
45	45	require the evacuation of all or part of the population of an area
46	46	stricken or threatened with a disaster.
47	47	SECTION 2. The change in law made by this Act applies only
48	48	to an offense committed on or after the effective date of this Act.
49	49	An offense committed before the effective date of this Act is
50	50	governed by the law in effect at the time the offense was committed,
51	51	and the former law is continued in effect for that purpose. For
52	52	purposes of this section, an offense was committed before the
53	53	effective date of this Act if any element of the offense occurred
54	54	before that date.
55	55	SECTION 3. This Act takes effect September 1, 2009.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I hereby certify that S.B. No. 359 passed the Senate on
59	59	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
60	60	the Senate concurred in House amendment on May 28, 2009, by the
61	61	following vote: Yeas 31, Nays 0.
62	62	______________________________
63	63	Secretary of the Senate
64	64	I hereby certify that S.B. No. 359 passed the House, with
65	65	amendment, on May 19, 2009, by the following vote: Yeas 142,
66	66	Nays 0, one present not voting.
67	67	______________________________
68	68	Chief Clerk of the House
69	69	Approved:
70	70	______________________________
71	71	Date
72	72	______________________________
73	73	Governor