Texas 2023 - 88th Regular

Texas House Bill HB2577 Latest Draft

Bill / Introduced Version Filed 02/21/2023

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                            88R10986 SHH-D
 By: Cook H.B. No. 2577


 A BILL TO BE ENTITLED
 AN ACT
 relating to the punishment for the offense of indecent exposure;
 increasing a criminal penalty.
 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 A [B]
 misdemeanor, except that the offense is a state jail felony if it is
 shown on the trial of the offense that the defendant has been
 previously convicted of an offense under this section.
 (c)  For purposes of Subsection (b):
 (1)  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 community supervision, regardless of whether
 a sentence for the offense was ever imposed on conviction or whether
 the defendant successfully completed a period of supervision in
 relation to the offense; and
 (2)  a conviction under the laws of another state for an
 offense containing elements that are substantially similar to the
 elements of an offense under this section is a conviction of an
 offense under this section.
 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 on the date 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, 2023.