| 1 | 1 | | By: Whitmire, Huffman S.B. No. 827 |
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| 2 | 2 | | (In the Senate - Filed February 26, 2013; March 5, 2013, read |
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| 3 | 3 | | first time and referred to Committee on Criminal Justice; |
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| 4 | 4 | | April 18, 2013, reported favorably by the following vote: Yeas 6, |
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| 5 | 5 | | Nays 0; April 18, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the fraudulent use of identifying information by |
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| 11 | 11 | | certain sex offenders; providing criminal penalties. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article 62.102, Code of Criminal Procedure, is |
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| 14 | 14 | | amended by adding Subsection (d) to read as follows: |
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| 15 | 15 | | (d) If it is shown at the trial of a person for an offense |
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| 16 | 16 | | under this article or an attempt to commit an offense under this |
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| 17 | 17 | | article that the person fraudulently used identifying information |
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| 18 | 18 | | in violation of Section 32.51, Penal Code, during the commission or |
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| 19 | 19 | | attempted commission of the offense, the punishment for the offense |
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| 20 | 20 | | or the attempt to commit the offense is increased to the punishment |
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| 21 | 21 | | for the next highest degree of felony. |
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| 22 | 22 | | SECTION 2. Subsection (c-1), Section 32.51, Penal Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (c-1) An offense described for purposes of punishment by |
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| 25 | 25 | | Subsections (c)(1)-(3) is increased to the next higher category of |
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| 26 | 26 | | offense if it is shown on the trial of the offense that: |
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| 27 | 27 | | (1) the offense was committed against an elderly |
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| 28 | 28 | | individual as defined by Section 22.04; or |
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| 29 | 29 | | (2) the actor fraudulently used identifying |
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| 30 | 30 | | information with the intent to facilitate an offense under Article |
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| 31 | 31 | | 62.102, Code of Criminal Procedure. |
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| 32 | 32 | | SECTION 3. The change in law made by this Act applies only |
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| 33 | 33 | | to an offense committed on or after the effective date of this Act. |
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| 34 | 34 | | An offense committed before the effective date of this Act is |
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| 35 | 35 | | governed by the law in effect on the date the offense was committed, |
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| 36 | 36 | | and the former law is continued in effect for that purpose. For |
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| 37 | 37 | | purposes of this section, an offense was committed before the |
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| 38 | 38 | | effective date of this Act if any element of the offense occurred |
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| 39 | 39 | | before that date. |
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| 40 | 40 | | SECTION 4. This Act takes effect September 1, 2013. |
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| 41 | 41 | | * * * * * |
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