| 1 | 1 | | 84R3866 LEH-F |
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| 2 | 2 | | By: Riddle, Anderson of Dallas H.B. No. 777 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the punishment for the offense of indecent exposure. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 21.08, Penal Code, is amended by |
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| 10 | 10 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (b) An offense under this section is a Class B misdemeanor, |
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| 13 | 13 | | except that the offense is: |
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| 14 | 14 | | (1) a Class A misdemeanor if it is shown on the trial |
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| 15 | 15 | | of the offense that the defendant has been previously convicted one |
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| 16 | 16 | | time of an offense under this section; and |
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| 17 | 17 | | (2) a state jail felony if it is shown on the trial of |
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| 18 | 18 | | the offense that the defendant has been previously convicted two or |
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| 19 | 19 | | more times of an offense under this section. |
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| 20 | 20 | | (c) For purposes of Subsection (b), a defendant has been |
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| 21 | 21 | | previously convicted under this section if the defendant was |
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| 22 | 22 | | adjudged guilty of the offense or entered a plea of guilty or nolo |
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| 23 | 23 | | contendere in return for a grant of deferred adjudication, |
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| 24 | 24 | | regardless of whether the sentence for the offense was ever imposed |
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| 25 | 25 | | or whether the sentence was probated and the defendant was |
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| 26 | 26 | | subsequently discharged from community supervision. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 28 | | to an offense committed on or after the effective date of this Act. |
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| 29 | 29 | | An offense committed before the effective date of this Act is |
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| 30 | 30 | | governed by the law in effect when the offense was committed, and |
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| 31 | 31 | | the former law is continued in effect for that purpose. For purposes |
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| 32 | 32 | | of this section, an offense was committed before the effective date |
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| 33 | 33 | | of this Act if any element of the offense occurred before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2015. |
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