83R8223 ADM-F
By: Workman H.B. No. 2568
A BILL TO BE ENTITLED
AN ACT
relating to strict construction of statutes that create or define
criminal offenses and penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 311, Government Code, is
amended by adding Section 311.035 to read as follows:
Sec. 311.035. CONSTRUCTION OF STATUTE OR RULE INVOLVING
CRIMINAL OFFENSE OR PENALTY. (a) In this section, "actor" and
"element of offense" have the meanings assigned by Section 1.07,
Penal Code.
(b) A statute or rule that creates or defines a criminal
offense or penalty shall be strictly construed against the
government and construed in favor of the actor if any part of the
statute or rule is susceptible to more than one objectively
reasonable interpretation, including:
(1) an element of offense; or
(2) the penalty to be imposed.
SECTION 2. Sections 1.05(a) and (b), Penal Code, are
amended to read as follows:
(a) The rule that a penal statute is to be strictly
construed applies [does not apply] to this code. [The provisions of
this code shall be construed according to the fair import of their
terms, to promote justice and effect the objectives of the code.]
(b) Unless a different construction is required by the
context, Sections 311.011, 311.012, 311.014, 311.015, [and]
311.021 through 311.032, and 311.035 of Chapter 311, Government
Code (Code Construction Act), apply to the construction of this
code.
SECTION 3. The change in law made by this Act applies to a
criminal proceeding that commences on or after the effective date
of this Act. A criminal proceeding that commences before the
effective date of this Act is covered by the law in effect when the
proceeding commenced, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2013.