| 1 | 1 | | 88R10986 SHH-D |
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| 2 | 2 | | By: Cook H.B. No. 2577 |
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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 | | 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 21.08, Penal Code, is amended by |
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| 11 | 11 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b) An offense under this section is a Class A [B] |
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| 14 | 14 | | misdemeanor, except that the offense is a state jail felony if it is |
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| 15 | 15 | | shown on the trial of the offense that the defendant has been |
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| 16 | 16 | | previously convicted of an offense under this section. |
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| 17 | 17 | | (c) For purposes of Subsection (b): |
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| 18 | 18 | | (1) a defendant has been previously convicted under |
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| 19 | 19 | | this section if the defendant was adjudged guilty of the offense or |
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| 20 | 20 | | entered a plea of guilty or nolo contendere in return for a grant of |
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| 21 | 21 | | deferred adjudication community supervision, regardless of whether |
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| 22 | 22 | | a sentence for the offense was ever imposed on conviction or whether |
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| 23 | 23 | | the defendant successfully completed a period of supervision in |
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| 24 | 24 | | relation to the offense; and |
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| 25 | 25 | | (2) a conviction under the laws of another state for an |
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| 26 | 26 | | offense containing elements that are substantially similar to the |
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| 27 | 27 | | elements of an offense under this section is a conviction of an |
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| 28 | 28 | | offense under this section. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to an offense committed on or after the effective date of this Act. |
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| 31 | 31 | | An offense committed before the effective date of this Act is |
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| 32 | 32 | | governed by the law in effect on the date the offense was committed, |
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| 33 | 33 | | and the former law is continued in effect for that purpose. For |
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| 34 | 34 | | purposes of this section, an offense was committed before the |
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| 35 | 35 | | effective date of this Act if any element of the offense occurred |
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| 36 | 36 | | before that date. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2023. |
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