| 1 | 1 | | 85R12815 ADM-F |
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| 2 | 2 | | By: Dean H.B. No. 2793 |
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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 certain behavior constituting |
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| 8 | 8 | | disorderly conduct; increasing a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 42.01(d), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (d) An offense under this section is a Class C misdemeanor, |
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| 13 | 13 | | except that the offense is a Class B misdemeanor if the offense is |
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| 14 | 14 | | committed under: |
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| 15 | 15 | | (1) Subsection (a)(5) and it is shown on the trial of |
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| 16 | 16 | | the offense that: |
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| 17 | 17 | | (A) the actor made the unreasonable noise: |
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| 18 | 18 | | (i) during the nine-hour period occurring |
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| 19 | 19 | | between the hours of 9 p.m. and 6 a.m.; and |
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| 20 | 20 | | (ii) after receiving notice of a complaint |
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| 21 | 21 | | regarding a previous noise made by the actor during the same period |
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| 22 | 22 | | described by Subparagraph (i); and |
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| 23 | 23 | | (B) the previous noise was unreasonable; or |
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| 24 | 24 | | (2) [unless committed under] Subsection (a)(7) or |
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| 25 | 25 | | (a)(8)[, in which event it is a Class B misdemeanor]. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to an offense committed on or after the effective date of this Act. |
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| 28 | 28 | | An offense committed before the effective date of this Act is |
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| 29 | 29 | | governed by the law in effect on the date the offense was committed, |
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| 30 | 30 | | and the former law is continued in effect for that purpose. For |
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| 31 | 31 | | purposes of this section, an offense was committed before the |
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| 32 | 32 | | effective date of this Act if any element of the offense occurred |
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| 33 | 33 | | before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2017. |
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