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