| 1 | 1 | | H.B. No. 2961 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to criminal responsibility for the conduct of a |
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| 6 | 6 | | coconspirator. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 7.02(b), Penal Code, is amended to read |
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| 9 | 9 | | as follows: |
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| 10 | 10 | | (b) If, in the attempt to carry out a conspiracy to commit |
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| 11 | 11 | | one felony, another felony is committed by one of the conspirators, |
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| 12 | 12 | | all conspirators are guilty of the felony actually committed, |
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| 13 | 13 | | though having no intent to commit it, if the offense was committed |
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| 14 | 14 | | in furtherance of the unlawful purpose and was one that should have |
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| 15 | 15 | | been anticipated as a result of the carrying out of the conspiracy. |
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| 16 | 16 | | In this subsection, "conspiracy" means an agreement between two or |
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| 17 | 17 | | more persons to commit a felony. |
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| 18 | 18 | | SECTION 2. The change in law made by this Act applies only |
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| 19 | 19 | | to an offense committed on or after the effective date of this Act. |
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| 20 | 20 | | An offense committed before the effective date of this Act is |
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| 21 | 21 | | governed by the law in effect on the date the offense was committed, |
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| 22 | 22 | | and the former law is continued in effect for that purpose. For |
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| 23 | 23 | | purposes of this section, an offense was committed before the |
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| 24 | 24 | | effective date of this Act if any element of the offense occurred |
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| 25 | 25 | | before that date. |
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| 26 | 26 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 27 | 27 | | ______________________________ ______________________________ |
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| 28 | 28 | | President of the Senate Speaker of the House |
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| 29 | 29 | | I certify that H.B. No. 2961 was passed by the House on May 6, |
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| 30 | 30 | | 2023, by the following vote: Yeas 116, Nays 18, 2 present, not |
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| 31 | 31 | | voting. |
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| 32 | 32 | | ______________________________ |
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| 33 | 33 | | Chief Clerk of the House |
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| 34 | 34 | | I certify that H.B. No. 2961 was passed by the Senate on May |
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| 35 | 35 | | 24, 2023, by the following vote: Yeas 30, Nays 0. |
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| 36 | 36 | | ______________________________ |
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| 37 | 37 | | Secretary of the Senate |
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| 38 | 38 | | APPROVED: _____________________ |
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| 39 | 39 | | Date |
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| 40 | 40 | | _____________________ |
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| 41 | 41 | | Governor |
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