| 1 | | - | H.B. No. 1028 |
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| 1 | + | By: Guillen, et al. (Senate Sponsor - Huffman) H.B. No. 1028 |
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| 2 | + | (In the Senate - Received from the House April 11, 2019; |
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| 3 | + | April 29, 2019, read first time and referred to Committee on State |
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| 4 | + | Affairs; May 13, 2019, reported adversely, with favorable |
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| 5 | + | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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| 6 | + | May 13, 2019, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 1028 By: Huffman |
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| 4 | 12 | | AN ACT |
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| 5 | 13 | | relating to increasing the criminal penalties for certain offenses |
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| 6 | 14 | | committed in a disaster area or an evacuated area. |
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| 7 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 16 | | SECTION 1. Sections 12.50(b) and (c), Penal Code, are |
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| 9 | 17 | | amended to read as follows: |
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| 10 | 18 | | (b) The increase in punishment authorized by this section |
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| 11 | 19 | | applies only to an offense under: |
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| 12 | 20 | | (1) Section 22.01; |
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| 13 | 21 | | (2) Section 28.02; |
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| 14 | 22 | | (3) Section 29.02; |
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| 15 | 23 | | (4) [(3)] Section 30.02; |
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| 16 | 24 | | (5) Section 30.03; |
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| 17 | 25 | | (6) Section 30.04; |
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| 18 | 26 | | (7) Section 30.05; and |
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| 19 | 27 | | (8) [(4)] Section 31.03. |
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| 20 | 28 | | (c) If an offense listed under Subsection (b)(1), (5), (6), |
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| 21 | 29 | | (7), or (8) [(4)] is punishable as a Class A misdemeanor, the |
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| 22 | 30 | | minimum term of confinement for the offense is increased to 180 |
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| 23 | 31 | | days. If an offense listed under Subsection (b)(2), [(b)(3) or] |
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| 24 | 32 | | (4), or (8) is punishable as a felony of the first degree, the |
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| 25 | 33 | | punishment for that offense may not be increased under this |
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| 26 | 34 | | section. |
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| 27 | 35 | | SECTION 2. Section 12.50(d), Penal Code, is repealed. |
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| 28 | 36 | | SECTION 3. The change in law made by this Act applies only |
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| 29 | 37 | | to an offense committed on or after the effective date of this Act. |
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| 30 | 38 | | An offense committed before the effective date of this Act is |
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| 31 | 39 | | governed by the law in effect when the offense was committed, and |
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| 32 | 40 | | the former law is continued in effect for that purpose. For |
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| 33 | 41 | | purposes of this section, an offense was committed before the |
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| 34 | 42 | | effective date of this Act if any element of the offense occurred |
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| 35 | 43 | | before that date. |
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| 36 | 44 | | SECTION 4. This Act takes effect September 1, 2019. |
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| 37 | | - | ______________________________ ______________________________ |
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| 38 | | - | President of the Senate Speaker of the House |
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| 39 | | - | I certify that H.B. No. 1028 was passed by the House on April |
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| 40 | | - | 11, 2019, by the following vote: Yeas 143, Nays 3, 1 present, not |
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| 41 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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| 42 | | - | No. 1028 on May 23, 2019, by the following vote: Yeas 140, Nays 0, |
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| 43 | | - | 1 present, not voting. |
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| 44 | | - | ______________________________ |
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| 45 | | - | Chief Clerk of the House |
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| 46 | | - | I certify that H.B. No. 1028 was passed by the Senate, with |
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| 47 | | - | amendments, on May 21, 2019, by the following vote: Yeas 30, Nays |
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| 48 | | - | 1. |
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| 49 | | - | ______________________________ |
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| 50 | | - | Secretary of the Senate |
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| 51 | | - | APPROVED: __________________ |
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| 52 | | - | Date |
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| 53 | | - | __________________ |
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| 54 | | - | Governor |
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| 45 | + | * * * * * |
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