| 1 | 1 | | 86R3166 TSS-D |
|---|
| 2 | 2 | | By: Oliverson H.B. No. 3895 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to increasing the criminal penalties for certain offenses |
|---|
| 8 | 8 | | committed in a disaster area or an evacuated area. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Sections 12.50(b) and (c), Penal Code, are |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (b) The increase in punishment authorized by this section |
|---|
| 13 | 13 | | applies only to an offense under: |
|---|
| 14 | 14 | | (1) Section 22.01; |
|---|
| 15 | 15 | | (2) Section 28.02; |
|---|
| 16 | 16 | | (3) Section 29.02; |
|---|
| 17 | 17 | | (4) [(3)] Section 30.02; |
|---|
| 18 | 18 | | (5) Section 30.04; |
|---|
| 19 | 19 | | (6) Section 30.05; and |
|---|
| 20 | 20 | | (7) [(4)] Section 31.03. |
|---|
| 21 | 21 | | (c) If an offense listed under Subsection (b)(1), (5), (6), |
|---|
| 22 | 22 | | or (7) [(4)] is punishable as a Class A misdemeanor, the minimum |
|---|
| 23 | 23 | | term of confinement for the offense is increased to 180 days. If an |
|---|
| 24 | 24 | | offense listed under Subsection (b)(2), [(b)(3) or] (4), or (7) is |
|---|
| 25 | 25 | | punishable as a felony of the first degree, the punishment for that |
|---|
| 26 | 26 | | offense may not be increased under this section. |
|---|
| 27 | 27 | | SECTION 2. Section 12.50(d), Penal Code, is repealed. |
|---|
| 28 | 28 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 29 | 29 | | to an offense committed on or after the effective date of this Act. |
|---|
| 30 | 30 | | An offense committed before the effective date of this Act is |
|---|
| 31 | 31 | | governed by the law in effect when the offense was committed, and |
|---|
| 32 | 32 | | the former law is continued in effect for that purpose. For |
|---|
| 33 | 33 | | purposes of this section, an offense was committed before the |
|---|
| 34 | 34 | | effective date of this Act if any element of the offense occurred |
|---|
| 35 | 35 | | before that date. |
|---|
| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2019. |
|---|