84R8617 ADM-F
By: Workman H.B. No. 1396
A BILL TO BE ENTITLED
AN ACT
relating to strict construction of certain 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) Except as provided by Subsection (c), 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.
(c) Subsection (b) does not apply to a criminal offense or
penalty under the Penal Code.
SECTION 2. The change in law made by this Act applies only
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 governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.