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Texas House Bill HB75

Texas 2011 - 82nd 1st C.S.

Texas House Bill HB75 Compare Versions

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11 82S10532 MAW-D
22 By: Harper-Brown H.B. No. 75
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the punishment for the offense of indecent exposure.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 21.08, Penal Code, is amended by
1010 amending Subsection (b) and adding Subsection (c) to read as
1111 follows:
1212 (b) An offense under this section is a Class B misdemeanor,
1313 except that the offense is:
1414 (1) a Class A misdemeanor if it is shown on the trial
1515 of the offense that the defendant has been previously convicted one
1616 time of an offense under this section; and
1717 (2) a state jail felony if it is shown on the trial of
1818 the offense that the defendant has been previously convicted two or
1919 more times of an offense under this section.
2020 (c) For purposes of Subsection (b), a defendant has been
2121 previously convicted under this section if the defendant was
2222 adjudged guilty of the offense or entered a plea of guilty or nolo
2323 contendere in return for a grant of deferred adjudication,
2424 regardless of whether the sentence for the offense was ever imposed
2525 or whether the sentence was probated and the defendant was
2626 subsequently discharged from community supervision.
2727 SECTION 2. The change in law made by this Act applies only
2828 to an offense committed on or after the effective date of this Act.
2929 An offense committed before the effective date of this Act is
3030 covered by the law in effect when the offense was committed, and the
3131 former law is continued in effect for that purpose. For purposes of
3232 this section, an offense was committed before the effective date of
3333 this Act if any element of the offense occurred before that date.
3434 SECTION 3. This Act takes effect November 1, 2011.