By: Rodriguez S.B. No. 1766
(Flynn)
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Code of Military Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 432.001, Government Code, is amended to
read as follows:
Sec. 432.001. DEFINITIONS. In this chapter:
(1) "Accuser" means a person who signs and swears to
charges, who directs that charges nominally be signed and sworn to
by another, or who has an interest other than an official interest
in the prosecution of the accused.
(2) "Active state duty" means duty authorized under
the constitution and laws of the state and all training authorized
under Title 32, United States Code.
(3) "Commanding officer" includes commissioned
officers and warrant officers of the state military forces who
either have been appointed to command by a superior authority or
have lawfully assumed command[, as applicable].
(4) "Convening authority" includes, in addition to the
person who convened the court, a commissioned officer commanding
temporarily, or a successor in command.
(5) "Day" means a calendar day and is not synonymous
with unit training assembly or any other accounting for training. A
punishment authorized under this chapter that is measured in terms
of days means calendar days.
(6) "Duty" means any presence or performance of any
service with or on behalf of the state military forces.
(7) "Enlisted member" means a person in an enlisted
grade.
(8) [(6)] "Grade" means a step or degree, in a
graduated scale of office or military rank, that is established and
designated as a grade by law or regulation.
(9) [(7)] "Judge advocate" means a commissioned
officer appointed to serve as a judge advocate by the adjutant
general under Section 432.005(b).
(10) [(8)] "Legal officer" means a commissioned
officer of the state military forces designated to perform legal
duties for a command.
(11) [(9)] "Military" refers to all or part of the
state military forces.
(12) [(10)] "Military court" means a court-martial,
court of inquiry, military commission, or provost court.
(13) [(11)] "Military judge" means an official of a
court-martial detailed in accordance with Section 432.045.
(14) [(12)] "Officer" means a commissioned or warrant
officer of the state military forces.
(15) [(13)] "Officer candidate" means a candidate
[cadet] of the state officer candidate school.
(16) [(14)] "Rank" means the order of precedence among
members of the state military forces.
(17) [(15)] "State judge advocate general" means the
judge advocate general of the state military forces, commissioned
in those forces, and responsible for supervising the administration
of military justice in the state military forces, and performing
other legal duties required by the adjutant general.
(18) [(16)] "State military forces" means the
National Guard of this state, as defined in Title 32, United States
Code [32 U.S.C. Sections 101(3), (4) and (6)], and other militia or
military forces organized under the laws of this state.
(19) [(17)] "Superior commissioned officer" means a
commissioned officer superior in rank or command.
SECTION 2. Section 432.002, Government Code, is amended to
read as follows:
Sec. 432.002. PERSONS SUBJECT TO CHAPTER. This chapter
applies to all members of the state military forces who are not in
federal service under Title 10, United States Code.
SECTION 3. Subchapters B and C, Chapter 432, Government
Code, are amended to read as follows:
SUBCHAPTER B. APPREHENSION AND RESTRAINT; NONJUDICIAL PUNISHMENT
Sec. 432.008 [432.011]. APPREHENSION. (a) In this
subchapter, "apprehend" means to take a person into custody.
(b) A person authorized by this chapter or by regulations
issued under it to apprehend a person subject to this chapter, a
marshal of a court-martial appointed under this chapter, and a
peace officer having authority to apprehend offenders under the
laws of the United States or of a state, may do so on reasonable
belief that an offense has been committed and that the person
apprehended committed it.
(c) Commissioned officers, warrant officers, and
noncommissioned officers may quell quarrels, frays, and disorders
among persons subject to this chapter and apprehend persons subject
to this chapter who take part in those activities.
Sec. 432.009 [432.012]. APPREHENSION OF DESERTERS. A civil
officer or peace officer having authority to apprehend offenders
under the laws of the United States or a state, territory,
commonwealth, or possession, or the District of Columbia, may
summarily apprehend a deserter from the state military forces and
deliver the deserter into the custody of the state military forces.
Sec. 432.010 [432.013]. IMPOSITION OF RESTRAINT. (a) In
this subchapter:
(1) "Arrest" means the restraint of a person by an
order, not imposed as a punishment for an offense, directing the
person to remain within certain specified limits.
(2) "Confinement" means the physical restraint of a
person.
(b) An enlisted member may be ordered into arrest or
confinement by a commissioned officer by an oral or written order
delivered in person, through other persons subject to this chapter,
or through a person authorized by this chapter to apprehend
persons. A commanding officer may authorize warrant officers or
noncommissioned officers to order enlisted members of the officer's
[his] company or subject to the officer's [his] authority into
arrest or confinement.
(c) A commissioned officer or warrant officer may be ordered
apprehended or into arrest or confinement only by a commanding
officer to whose authority the person [he] is subject, by an oral or
written order delivered in person or by another commissioned
officer. The authority to order such persons apprehended or into
arrest or confinement may not be delegated.
(d) A person may not be ordered apprehended or into arrest
or confinement except for probable cause.
(e) This section does not limit the authority of persons
authorized to apprehend offenders to secure the custody of an
alleged offender until the proper authority may be notified.
Sec. 432.011 [432.014]. RESTRAINT OF PERSONS CHARGED WITH
OFFENSES. A person subject to this chapter charged with an offense
under this chapter shall be ordered into arrest or confinement, as
circumstances may require, but if charged with only an offense
normally tried by a summary court-martial, the person may not
ordinarily be placed in confinement. If a person subject to this
chapter is placed in arrest or confinement before trial, immediate
steps shall be taken to inform the person [him] of the specific
wrong of which the person [he] is accused and to try the person
[him] or to dismiss the charges and release the person [him]. A
person confined other than in a guardhouse, whether before, during,
or after trial by a military court, shall be confined in a civilian
[civil] jail.
Sec. 432.012 [432.015]. REPORTS AND RECEIVING OF
PRISONERS. (a) A provost marshal, commander of a guard, master at
arms, warden, keeper, or officer of a city or county jail or any
other jail designated under Section 432.011 [432.014] may not
refuse to receive or keep a prisoner committed to the person's [his]
charge, when the committing person furnishes a statement, signed by
the committing person [him], of the offense charged against the
prisoner.
(b) A commander of a guard, master at arms, warden, keeper,
or officer of a city or county jail or of any other jail designated
under Section 432.011 [432.014] to whose charge a prisoner is
committed shall, within 24 hours after that commitment or as soon as
the person [he] is relieved from guard, report to the commanding
officer of the prisoner the name of the prisoner, the offense
charged against the prisoner [him], and the name of the person who
ordered or authorized the commitment.
Sec. 432.013 [432.016]. PUNISHMENT PROHIBITED BEFORE
TRIAL. Subject to Section 432.093, a person, while being held for
trial or the result of trial, may not be subjected to punishment or
penalty other than arrest or confinement on the charges pending
against the person, nor may the arrest or confinement imposed on the
person be more rigorous than the circumstances require to ensure
the person's presence, but the person may be subjected to minor
punishment during that period for infractions of discipline.
Sec. 432.014 [432.017]. DELIVERY OF OFFENDERS TO CIVIL
AUTHORITIES. (a) Under regulations prescribed under this chapter
a person subject to this chapter who is on active state duty and who
is accused of an offense against civil authority may be delivered,
on request, to the civil authority for trial.
(b) If delivery under this section is made to a civil
authority of a person undergoing sentence of a court-martial, the
delivery, if followed by conviction in a civil tribunal, interrupts
the execution of the sentence of the court-martial, and the
offender, after having answered to the civil authorities for the
offense, on the request of competent military authority, shall be
returned to military custody for the completion of the sentence.
[SUBCHAPTER C. NONJUDICIAL PUNISHMENT]
Sec. 432.015 [432.021]. COMMANDING OFFICER'S NONJUDICIAL
PUNISHMENT. (a) Under regulations as [that the governor] may be
prescribed, any commanding officer may impose disciplinary
punishments for minor offenses without the intervention of a
court-martial in accordance with this subchapter. There is no
right to trial by court-martial in lieu of nonjudicial punishment
imposed under this section. Only the governor, the adjutant
general, or an officer of a general or flag rank in command may
delegate the powers under this section to a principal assistant who
is a member of the state military forces.
(b) Any accused person who is facing discipline under this
section [prescribe, limitations may be placed on the powers granted
by this section with respect to the kind and amount of punishment
authorized, the categories of commanding officers and warrant
officers exercising command authorized to exercise those powers,
the applicability of this section to an accused who demands trial by
court-martial, and the kinds of courts-martial to which the case
may be referred on such a demand. However, except in the case of a
member attached to or embarked in a vessel, punishment may not be
imposed on a member of the state military forces under this section
if the member, before the imposition of the punishment, has
demanded trial by court-martial in lieu of the punishment. Under
similar regulations, rules may be prescribed with respect to the
suspension of punishments authorized by this section. If
authorized by regulations of the governor, the governor or an
officer of general rank in command may delegate the governor's or
officer's powers under this section to a principal assistant. If
disciplinary punishment other than admonition or reprimand is to be
imposed, the accused] shall be afforded the opportunity to be
represented by defense counsel having the qualifications
prescribed under Section 432.046(b), if such a counsel is
reasonably available. Otherwise, the accused shall be afforded the
opportunity to be represented by any available commissioned officer
of the accused's [his] choice. The accused may also be represented
by [employ] civilian counsel [of his own choosing] at no [his own]
expense to the state. In all proceedings, the accused is allowed
three duty days, or longer on written justification, to reply to the
notification of intent to impose punishment under this section.
(c) Any [(b) Subject to Subsection (a), a] commanding
officer may[, in addition to or in lieu of admonition or reprimand,]
impose on enlisted members in the officer's [one or more of the
following disciplinary punishments for minor offenses without the
intervention of a court-martial:
[(1) on officers of his] command:
(1) a reprimand;
(2) [(A) restriction to certain specified limits
with or without suspension from duty, for not more than 30 days; or
[(B) if imposed by the governor, or an officer of
general rank in command:
[(i) arrest in quarters for not more than 30
days;
[(ii) forfeiture of not more than half of
one month's pay a month for two months or] a fine equal to an amount
that is [of] not more than seven days' pay [$75]; and
(3) a reduction to the next inferior pay grade.
(d) Any [(iii) restriction to certain specified limits,
with or without suspension from duty, for not more than 60 days; or
[(iv) detention of not more than half of one
month's pay a month for three months; and
[(2) on other personnel of his command:
[(A) if imposed on a person attached to or
embarked in a vessel, confinement for not more than three days;
[(B) correctional custody for not more than seven
days;
[(C) forfeiture of not more than seven days' pay
or a fine of not more than $50;
[(D) reduction of not more than two pay grades,
if imposed by a] commanding officer of the grade of O-4 [colonel] or
above may impose on enlisted members in the officer's command:
(1) a reprimand;
(2) [, or reduction of not more than one pay grade, if
imposed by a commanding officer of a grade lower than colonel;
[(E) extra duties including fatigue or other
duties, for not more than 30 days, which need not be consecutive,
and for not more than two hours a day, holidays included;
[(F) restriction to certain specified limits,
with or without suspension from duty for not more than 14 days;
[(G) detention of not more than 14 days' pay; or
[(H) if imposed by an officer of the grade of
major or above:
[(i) the punishment authorized under
Subsection (b)(2)(A);
[(ii) correctional custody for not more
than 30 days;
[(iii) forfeiture of not more than half of
one month's pay a month for two months or] a fine equal to an amount
that is [of] not more than one month's pay [$100]; and
(3) a [(iv)] reduction to the lowest or any
intermediate pay grade, [if the grade from which demoted is within
the promotion authority of the officer imposing the reduction or an
officer subordinate to the one who imposes the reduction,] but an
enlisted member in a pay grade above E-4 may not be reduced more
than two pay grades[;
[(v) extra duties, including fatigue or
other duties, for not more than 45 days which need not be
consecutive and for not more than two hours a day, holidays
included;
[(vi) restriction to certain specified
limits with or without suspension from duty, for not more than 60
days; or
[(vii) detention of not more than half of
one month's pay a month for three months.
[(c) Detention of pay shall be for a stated period of not
more than one year, but if the offender's term of service expires
earlier, the detention shall terminate on that expiration. No two
or more of the punishments of arrest in quarters, correctional
custody, extra duties, and restriction may be combined to run
consecutively in the maximum amount imposable for each. If any of
those punishments are combined to run consecutively, there must be
an apportionment. In addition, fine or forfeiture of pay may not be
combined with detention of pay without an apportionment. For the
purposes of this section "correctional custody" means the physical
restraint of a person during duty or nonduty hours and may include
extra duties, fatigue duties, or hard labor. If practicable,
correctional custody may not be required to be served in immediate
association with persons awaiting trial or held in confinement
pursuant to trial by courts-martial.
[(d) An officer in charge may impose on enlisted members
assigned to the unit of which he is in charge those of the
punishments authorized under Subsections (b)(2)(A)-(G) that the
governor specifically prescribes by regulation].
(e) The governor, the adjutant general, an officer
exercising general court-martial convening authority, or an
officer of a general or flag rank in command may impose:
(1) on officers in the officer's command:
(A) a reprimand; and
(B) a fine equal to an amount that is not more
than one month's pay; and
(2) on enlisted members in the officer's command, any
punishment authorized under Subsection (d).
(f) The officer who imposes the punishment authorized in
this section [Subsection (b)] or the officer's [his] successor in
command may at any time suspend, set aside, reduce, or remit
[probationally] any part or amount of the [unexecuted] punishment
[imposed and may suspend probationally a reduction in grade or fine
or forfeiture imposed under Subsection (b), whether or not
executed. In addition, the officer may, at any time, remit or
mitigate any part or amount of the unexecuted punishment imposed
and may set aside in whole or in part the punishment, whether
executed or unexecuted,] and restore all rights, privileges, and
property affected. The [officer may also mitigate reduction in
grade to fine or forfeiture or detention of pay. If mitigating
arrest in quarters to restriction or extra duties to restriction,
the] mitigated punishment may not be for a greater amount [period]
than the punishment mitigated. When [If mitigating forfeiture of
pay to detention of pay, the amount of the detention may not be
greater than the amount of the forfeiture. If] mitigating
reduction in grade to a fine, [forfeiture, or detention of pay,] the
amount of the fine[, forfeiture, or detention] may not be greater
than the amount that could have been imposed initially under this
section by the officer who imposed the punishment mitigated.
(g) [(f)] A person punished under this section who
considers the punishment unjust or disproportionate to the offense
may, through the proper channel, appeal to the next superior
authority not later than the 15th day after the date the punishment
is either announced or sent to the accused, as the commanding
officer determines [through the proper channel]. The appeal shall
be promptly forwarded and decided, but the person punished may in
the meantime be required to undergo the punishment adjudged. The
superior authority may exercise the same powers with respect to the
punishment imposed as may be exercised under Subsection (f) [(e)]
by the officer who imposed the punishment. Before acting on an
appeal from a punishment [of arrest in quarters for more than seven
days, correctional custody for more than seven days, forfeiture of
more than seven days' pay, reduction of one or more pay grades from
the fourth or a higher pay grade, extra duties for more than 14
days, restriction of more than 14 days' pay, or detention of more
than 14 days' pay], the authority who is to act on the appeal may
[shall] refer the case to a judge advocate [or legal officer of the
state military forces] for consideration and advice[, and may
similarly refer the case on appeal from a punishment imposed under
Subsection (b)].
(h) [(g)] The imposition and enforcement of disciplinary
punishment under this section for any [an] act or omission is not a
bar to trial by court-martial or a civilian court of competent
jurisdiction for a serious crime or offense growing out of the same
act or omission and not properly punishable under this section, but
the fact that a disciplinary punishment has been enforced may be
shown by the accused on trial and, when shown, shall be considered
in determining the measure of punishment to be adjudged in the event
of a finding of guilty.
(i) Regulations [(h) The governor by regulation] may
prescribe the form of records to be kept of proceedings under this
section and [may require] that certain categories of those
proceedings shall be in writing.
[(i) A commanding officer may delegate authority to make a
reduction in pay grade under Subsection (b)(2)(D) to the commanding
officer's executive officer, chief of staff, or vice commander.]
SECTION 4. Section 432.031, Government Code, is amended to
read as follows:
Sec. 432.031. COURTS-MARTIAL CLASSIFIED. The three kinds
of courts-martial in each of the state military forces are:
(1) general court-martial, consisting of:
(A) a military judge and not fewer than five
members; or
(B) only a military judge, if before the court is
assembled the accused, knowing the identity of the military judge
and after consultation with defense counsel, requests in writing a
court composed only of a military judge and the military judge
approves;
(2) special court-martial, consisting of:
(A) [not fewer than three members; or
[(B)] a military judge and not fewer than three
members; or
(B) [(C)] only a military judge, if one has been
detailed to the court, and the accused under the same conditions as
those prescribed in Subdivision (1)(B) requests; and
(3) summary court-martial, consisting of one officer,
who must be a military judge or an attorney licensed to practice law
in this state.
SECTION 5. Section 432.032, Government Code, is amended to
read as follows:
Sec. 432.032. JURISDICTION OF COURT-MARTIAL IN GENERAL.
Each force of the state military forces has court-martial
jurisdiction over a member of the force who is subject to this
chapter. The Texas Army National Guard and the Texas Air National
Guard have court-martial jurisdiction over all enlisted members
[all persons] subject to this chapter. The exercise of
jurisdiction by one force over personnel of another force shall be
in accordance with regulations prescribed by the governor.
SECTION 6. Subsection (a), Section 432.033, Government
Code, is amended to read as follows:
(a) Subject to Section 432.032, a general court-martial has
jurisdiction to try a person subject to this chapter for any offense
made punishable by this chapter and may, under limitations the
governor prescribes, adjudge any of the following punishments:
(1) reprimand;
(2) forfeiture of pay and allowances;
(3) a fine of not more than $10,000;
(4) reduction of any enlisted member to any lower
rank;
(5) [$1,000 or] confinement for not more than five
years;
(6) [360 days;
[(2) forfeiture of pay and allowances;
[(3) reprimand;
[(4)] dismissal or bad conduct or dishonorable
discharge[;
[(5) reduction of a noncommissioned officer to the
ranks]; or
(7) [(6)] any combination of those punishments.
SECTION 7. Section 432.034, Government Code, is amended to
read as follows:
Sec. 432.034. JURISDICTION OF SPECIAL COURT-MARTIAL.
(a) Subject to Section 432.032, a special court-martial has
jurisdiction to try a person subject to this chapter, except a
commissioned officer, for any offense [for which he may be
punished] under this chapter. A special court-martial has the same
powers of punishment as a general court-martial, except that a
special court-martial may not impose more than a $4,000 [$500] fine
and [or] confinement of not more than one year [180 days] for a
single offense.
(b) A dismissal or bad conduct [dishonorable] discharge may
not be adjudged unless a complete record of the proceedings and
testimony is made, counsel having the qualifications prescribed
under Section 432.046(b) is detailed to represent the accused, and
a military judge is detailed to the trial, except in a case in which
a military judge cannot be detailed to the trial because of physical
conditions or military exigencies. In a case in which a military
judge is not detailed to the trial, the convening authority shall
make a detailed written statement, to be appended to the record,
stating the reason a military judge could not be detailed.
SECTION 8. Subsections (a) and (c), Section 432.035,
Government Code, are amended to read as follows:
(a) Subject to Section 432.032, a summary court-martial has
jurisdiction to try persons subject to this chapter, except
officers, for any offense under [made punishable by] this chapter.
(c) A summary court-martial may sentence a person to pay a
fine of not more than $1,000 and [$200 or] confinement for not more
than 90 days for a single offense, to forfeit [forfeiture of] pay
and allowances, and to reduction of a noncommissioned officer to
any lower rank [the ranks].
SECTION 9. Section 432.042, Government Code, is amended to
read as follows:
Sec. 432.042. WHO MAY CONVENE SPECIAL COURT-MARTIAL. In
the state military forces not in federal service, any commander in
the grade of O-5 [lieutenant colonel] or [in a] higher [grade] may
convene a special court-martial.
SECTION 10. Section 432.043, Government Code, is amended to
read as follows:
Sec. 432.043. WHO MAY CONVENE SUMMARY COURT-MARTIAL. In
the state military forces not in federal service, any commander in
the grade of O-4 [major] or [in a] higher [grade] may convene a
summary court-martial.
SECTION 11. Subsections (a), (c), and (d), Section 432.044,
Government Code, are amended to read as follows:
(a) Any [A] state commissioned officer in a duty status is
eligible to serve on a court-martial [for the trial of a person who
may lawfully be brought before the court for trial].
(c) An enlisted member of the state military forces in a
duty status who is not a member of the same unit as the accused is
eligible to serve on general and special courts-martial for the
trial of an enlisted member of the state military forces who may
lawfully be brought before the court for trial if, before the
conclusion of a session called by the military judge under Section
432.064(a) before trial or, in the absence of such a session, before
the court is assembled for the trial of the accused, the accused
personally has requested in writing that enlisted members serve on
it. After such a request, the accused may not be tried by a general
or special court-martial the membership of which does not include
enlisted members in a number comprising at least one-third of the
total membership of the court, unless eligible members cannot be
obtained because of physical conditions or military exigencies. If
a sufficient number of enlisted members cannot be obtained, the
court may be convened and the trial held without them, but the
convening authority shall make a detailed written statement, to be
appended to the record, stating why they could not be obtained. In
this subsection, "unit" means a regularly organized body of the
state military forces not larger than a company, squadron, division
of the naval militia, or body corresponding to a company, squadron,
or division.
(d) When [If] it can be avoided, a person subject to this
chapter may not be tried by a court-martial[, a member] of which any
member is junior to the accused [him] in rank or grade. On
convening a court-martial, the convening authority shall detail as
members of the court-martial members of the state military forces
that, in the convening authority's [his] opinion, are best
qualified for the duty because of age, education, training,
experience, length of service, and judicial temperament. A member
of the state military forces is not eligible to serve as a member of
a general or special court-martial if the member is the accuser, is
[or] a witness, [for the prosecution] or has acted as investigating
officer or counsel in the same case.
SECTION 12. Subsection (d), Section 432.045, Government
Code, is amended to read as follows:
(d) A person who is the accuser, is [or] a witness, [for the
prosecution] or has acted as investigating officer or counsel in a
case is not eligible to act as military judge in the same case.
SECTION 13. Section 432.046, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Trial counsel or defense counsel detailed for a
general court-martial may not be under the supervision or command
of the other counsel unless the accused and the prosecution
expressly waive this restriction.
SECTION 14. Subsection (d), Section 432.062, Government
Code, is amended to read as follows:
(d) In the preparation of an effectiveness, fitness, or
efficiency report, or another report or document used in whole or
part for determining whether a member of the state military forces
is qualified to be advanced in grade, in determining the assignment
or transfer of a member of the state military forces, or in
determining whether a member of the state military forces should be
retained on duty, a person subject to this chapter may not:
(1) consider or evaluate the performance of duty of
the member as a member of a court-martial or a witness in a
court-martial; or
(2) give a less favorable rating or evaluation of a
member of the state military forces because of the zeal with which
the member, as counsel, represented an accused before a
court-martial.
SECTION 15. Subchapter J, Chapter 432, Government Code, is
amended by adding Section 432.1225 to read as follows:
Sec. 432.1225. PENAL CODE OFFENSES. A person subject to
this chapter who commits an offense under the Penal Code is
considered to violate this chapter and is subject to punishment
under this chapter.
SECTION 16. Section 432.183, Government Code, is amended to
read as follows:
Sec. 432.183. CHAPTER [SECTIONS] TO BE EXPLAINED. This
chapter [Sections 432.002, 432.003, 432.011-432.017, 432.021,
432.044, 432.046, 432.052, 432.062, 432.063, 432.091,
432.121-432.167, and 432.183-432.185] shall be carefully explained
to every enlisted member at the time of or not later than the 30th
day after the date of the member's [his] enlistment, transfer, or
induction into, or the member's [his] order to duty in or with, any
of the state military forces. It [They] shall also be explained
annually to each unit of the state military forces. A complete text
of this chapter and of the regulations prescribed by the governor
under this chapter shall be made available to any member of the
state military forces, on the member's [his] request, for the
member's [his] personal examination.
SECTION 17. Subsection (b), Section 432.190, Government
Code, is amended to read as follows:
(b) A fine or forfeiture imposed by nonjudicial punishment
or a special or summary court-martial shall be paid to the officer
imposing nonjudicial punishment or ordering the court or to the
officer commanding at that time. The officer, not later than the
fifth day after the date of the payment's receipt, shall place it to
the credit of the military unit fund of the unit of which the person
fined was a member when the fine was imposed.
SECTION 18. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
For purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before the effective date. An offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose.
SECTION 19. This Act takes effect September 1, 2011.