| 1 | 1 | | 88R4104 AJZ-F |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 485 |
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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 increasing the criminal penalty for certain offenses |
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| 8 | 8 | | committed in a vehicle operated by a public transportation system. |
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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. Subchapter D, Chapter 12, Penal Code, is amended |
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| 11 | 11 | | by adding Section 12.502 to read as follows: |
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| 12 | 12 | | Sec. 12.502. PENALTY IF OFFENSE COMMITTED IN PUBLIC |
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| 13 | 13 | | TRANSPORTATION VEHICLE. (a) Subject to Subsection (c), the |
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| 14 | 14 | | punishment for an offense described by Subsection (b) is increased |
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| 15 | 15 | | to the punishment prescribed for the next higher category of |
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| 16 | 16 | | offense if it is shown on the trial of the offense that the offense |
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| 17 | 17 | | was committed in a vehicle operated by an authority created under |
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| 18 | 18 | | Chapter 451, 452, 453, 457, 458, or 460, Transportation Code. |
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| 19 | 19 | | (b) The increase in punishment authorized by this section |
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| 20 | 20 | | applies only to an offense under Chapter 21, 22, or 29. |
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| 21 | 21 | | (c) If an offense described by Subsection (b) is punishable |
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| 22 | 22 | | as a Class A misdemeanor, the minimum term of confinement for the |
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| 23 | 23 | | offense is increased to 180 days. If an offense described by |
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| 24 | 24 | | Subsection (b) is punishable as a felony of the first degree, the |
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| 25 | 25 | | punishment for that offense may not be increased under this |
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| 26 | 26 | | section. |
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| 27 | 27 | | (d) For the purposes of this section, "vehicle" means a bus, |
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| 28 | 28 | | a railcar, rolling stock, or another vehicle used by the public for |
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| 29 | 29 | | mass transit purposes. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 31 | | to an offense committed on or after the effective date of this Act. |
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| 32 | 32 | | An offense committed before the effective date of this Act is |
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| 33 | 33 | | governed by the law in effect on the date the offense was committed, |
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| 34 | 34 | | and the former law is continued in effect for that purpose. For |
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| 35 | 35 | | purposes of this section, an offense was committed before the |
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| 36 | 36 | | effective date of this Act if any element of the offense occurred |
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| 37 | 37 | | before that date. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2023. |
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