Texas 2023 - 88th Regular

Texas Senate Bill SB1427 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Flores, Bettencourt
2		-	Creighton
	1	+	By: Flores, Bettencourt S.B. No. 1427
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to certain criminal conduct and organizations that
8	7		threaten the security of this state and its residents and borders;
9	8		increasing criminal penalties.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		ARTICLE 1. CRIMINAL CONDUCT INVOLVING SMUGGLING OF PERSONS OR
12	11		OPERATION OF A STASH HOUSE
13	12		SECTION 1.01. Section 12.50, Penal Code, is amended by
14	13		amending Subsections (a), (b), and (c) and adding Subsection (d) to
15	14		read as follows:
16	15		(a) Subject to Subsections [Subsection] (c) and (d), the
17	16		punishment for an offense described by Subsection (b) is increased
18	17		to the punishment prescribed for the next higher category of
19	18		offense if it is shown on the trial of the offense that the offense
20	19		was committed in an area that was, at the time of the offense:
21	20		(1) subject to a declaration of a state of disaster
22	21		made by:
23	22		(A) the president of the United States under the
24	23		Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
25	24		U.S.C. Section 5121 et seq.);
26	25		(B) the governor under Section 418.014,
27	26		Government Code; or
28	27		(C) the presiding officer of the governing body
29	28		of a political subdivision under Section 418.108, Government Code;
30	29		or
31	30		(2) subject to an emergency evacuation order.
32	31		(b) The increase in punishment authorized by this section
33	32		applies only to an offense under:
34	33		(1) Section 20.05;
35	34		(2) Section 20.06;
36	35		(3) Section 20.07;
37	36		(4) Section 22.01;
38	37		(5) [(2)] Section 28.02;
39	38		(6) [(3)] Section 29.02;
40	39		(7) [(4)] Section 30.02;
41	40		(8) [(5)] Section 30.03;
42	41		(9) [(6)] Section 30.04;
43	42		(10) [(7)] Section 30.05; and
44	43		(11) [(8)] Section 31.03.
45	44		(c) If an offense listed under Subsection (b) [(b)(1), (5),
46	45		(6), (7), or (8)] is punishable as a Class A misdemeanor, the
47	46		minimum term of confinement for the offense is increased to 180
48	47		days. Except as provided by Subsection (d), if [If] an offense
49	48		listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a
50	49		felony of the first degree, the punishment for that offense may not
51	50		be increased under this section.
52	51		(d) Except as otherwise provided by this subsection, the
53	52		minimum term of imprisonment for an offense listed under Subsection
54	53		(b)(1) or (2) for which punishment is increased under this section
55	54		is 10 years. If an offense listed under Subsection (b)(1) or (2) is
56	55		punishable as a felony of the first degree, the minimum term of
57	56		imprisonment is increased to 15 years unless another provision of
58	57		law applicable to the offense provides for a minimum term of
59	58		imprisonment of 15 years or more.
60	59		SECTION 1.02. Section 20.05(b), Penal Code, is amended to
61	60		read as follows:
62	61		(b) An offense under this section is a felony of the third
63	62		degree with a term of imprisonment of 10 years, except that the
64	63		offense is:
65	64		(1) a felony of the second degree with a minimum term
66	65		of imprisonment of 10 years if:
67	66		(A) the actor commits the offense in a manner
68	67		that creates a substantial likelihood that the smuggled individual
69	68		will suffer serious bodily injury or death;
70	69		(B) the smuggled individual is a child younger
71	70		than 18 years of age at the time of the offense;
72	71		(C) the offense was committed with the intent to
73	72		obtain a pecuniary benefit;
74	73		(D) during the commission of the offense the
75	74		actor, another party to the offense, or an individual assisted,
76	75		guided, or directed by the actor knowingly possessed a firearm; or
77	76		(E) the actor commits the offense under
78	77		Subsection (a)(1)(B); or
79	78		(2) a felony of the first degree with a minimum term of
80	79		imprisonment of 10 years if:
81	80		(A) it is shown on the trial of the offense that,
82	81		as a direct result of the commission of the offense, the smuggled
83	82		individual became a victim of sexual assault, as defined by Section
84	83		22.011, or aggravated sexual assault, as defined by Section 22.021;
85	84		or
86	85		(B) the smuggled individual suffered serious
87	86		bodily injury or death.
88	87		SECTION 1.03. Sections 20.06(e) and (f), Penal Code, are
89	88		amended to read as follows:
90	89		(e) Except as provided by Subsections (f) and (g), an
91	90		offense under this section is a felony of the second degree with a
92	91		minimum term of imprisonment of 10 years.
93	92		(f) An offense under this section is a felony of the first
94	93		degree with a minimum term of imprisonment of 10 years if:
95	94		(1) the conduct constituting an offense under Section
96	95		20.05 is conducted in a manner that creates a substantial
97	96		likelihood that the smuggled individual will suffer serious bodily
98	97		injury or death; or
99	98		(2) the smuggled individual is a child younger than 18
100	99		years of age at the time of the offense.
101	100		SECTION 1.04. Section 20.07(b), Penal Code, is amended to
102	101		read as follows:
103	102		(b) An offense under this section is a felony of the third
104	103		degree [Class A misdemeanor].
105	104		SECTION 1.05. The changes in law made by this article apply
106	105		only to an offense committed on or after the effective date of this
107	106		Act. An offense committed before the effective date of this Act is
108	107		governed by the law in effect on the date the offense was committed,
109	108		and the former law is continued in effect for that purpose. For
110	109		purposes of this section, an offense was committed before the
111	110		effective date of this Act if any element of the offense was
112	111		committed before that date.
113	112		ARTICLE 2. FOREIGN TERRORIST ORGANIZATIONS
114	113		SECTION 2.01. The heading to Subchapter D, Chapter 125,
115	114		Civil Practice and Remedies Code, is amended to read as follows:
116	115		SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG OR FOREIGN
117	116		TERRORIST ORGANIZATION
118	117		SECTION 2.02. Sections 125.061(1) and (3), Civil Practice
119	118		and Remedies Code, are amended to read as follows:
120	119		(1) "Combination," [and] "criminal street gang," and
121	120		"foreign terrorist organization" have the meanings assigned by
122	121		Section 71.01, Penal Code.
123	122		(3) "Gang activity" means the following types of
124	123		conduct:
125	124		(A) organized criminal activity as described by
126	125		Section 71.02, Penal Code;
127	126		(B) terroristic threat as described by Section
128	127		22.07, Penal Code;
129	128		(C) coercing, inducing, or soliciting[, or
130	129		inducing gang] membership in a criminal street gang or foreign
131	130		terrorist organization as described by Section 71.022(a) or (a-1),
132	131		Penal Code;
133	132		(D) criminal trespass as described by Section
134	133		30.05, Penal Code;
135	134		(E) disorderly conduct as described by Section
136	135		42.01, Penal Code;
137	136		(F) criminal mischief as described by Section
138	137		28.03, Penal Code, that causes a pecuniary loss of $500 or more;
139	138		(G) a graffiti offense in violation of Section
140	139		28.08, Penal Code;
141	140		(H) a weapons offense in violation of Chapter 46,
142	141		Penal Code; or
143	142		(I) unlawful possession of a substance or other
144	143		item in violation of Chapter 481, Health and Safety Code.
145	144		SECTION 2.03. Section 125.062, Civil Practice and Remedies
146	145		Code, is amended to read as follows:
147	146		Sec. 125.062. PUBLIC NUISANCE; COMBINATION. A
148	147		combination, [or] criminal street gang, or foreign terrorist
149	148		organization that continuously or regularly associates in gang
150	149		activities is a public nuisance.
151	150		SECTION 2.04. Section 125.063, Civil Practice and Remedies
152	151		Code, is amended to read as follows:
153	152		Sec. 125.063. PUBLIC NUISANCE; USE OF PLACE. The habitual
154	153		use of a place by a combination, [or] criminal street gang, or
155	154		foreign terrorist organization for engaging in gang activity is a
156	155		public nuisance.
157	156		SECTION 2.05. Section 125.064(b), Civil Practice and
158	157		Remedies Code, is amended to read as follows:
159	158		(b) Any person who habitually associates with others to
160	159		engage in gang activity as a member of a combination, [or] criminal
161	160		street gang, or foreign terrorist organization may be made a
162	161		defendant in the suit. Any person who owns or is responsible for
163	162		maintaining a place that is habitually used for engaging in gang
164	163		activity may be made a defendant in the suit.
165	164		SECTION 2.06. Section 125.065(a), Civil Practice and
166	165		Remedies Code, is amended to read as follows:
167	166		(a) If the court finds that a combination, [or] criminal
168	167		street gang, or foreign terrorist organization constitutes a public
169	168		nuisance, the court may enter an order:
170	169		(1) enjoining a defendant in the suit from engaging in
171	170		the gang activities of the combination, criminal street [or] gang,
172	171		or foreign terrorist organization; and
173	172		(2) imposing other reasonable requirements to prevent
174	173		the combination, criminal street [or] gang, or foreign terrorist
175	174		organization from engaging in future gang activities.
176	175		SECTION 2.07. Section 125.069, Civil Practice and Remedies
177	176		Code, is amended to read as follows:
178	177		Sec. 125.069. USE OF PLACE; EVIDENCE. In an action brought
179	178		under this subchapter, proof that gang activity by a member of a
180	179		combination, [or] a criminal street gang, or a foreign terrorist
181	180		organization is frequently committed at a place or proof that a
182	181		place is frequently used for engaging in gang activity by a member
183	182		of a combination, [or] a criminal street gang, or a foreign
184	183		terrorist organization is prima facie evidence that the proprietor
185	184		knowingly permitted the act, unless the act constitutes conspiring
186	185		to commit gang activity.
187	186		SECTION 2.08. Sections 125.070(b), (c), and (e), Civil
188	187		Practice and Remedies Code, are amended to read as follows:
189	188		(b) A criminal street gang or foreign terrorist
190	189		organization or a member of a criminal street gang or foreign
191	190		terrorist organization is liable to the state or a governmental
192	191		entity injured by the violation of a temporary or permanent
193	192		injunctive order under this subchapter.
194	193		(c) In an action brought against a member of a criminal
195	194		street gang or a member of a foreign terrorist organization, the
196	195		plaintiff must show that the member violated the temporary or
197	196		permanent injunctive order.
198	197		(e) The property of the criminal street gang or foreign
199	198		terrorist organization or a member of the criminal street gang or
200	199		foreign terrorist organization may be seized in execution on a
201	200		judgment under this section. Property may not be seized under this
202	201		subsection if the owner or interest holder of the property proves by
203	202		a preponderance of the evidence that the owner or interest holder
204	203		was not a member of the criminal street gang or foreign terrorist
205	204		organization and did not violate the temporary or permanent
206	205		injunctive order. The owner or interest holder of property that is
207	206		in the possession of a criminal street gang or foreign terrorist
208	207		organization or a member of the criminal street gang or foreign
209	208		terrorist organization and that is subject to execution under this
210	209		subsection must show that the property:
211	210		(1) was stolen from the owner or interest holder; or
212	211		(2) was used or intended to be used without the
213	212		effective consent of the owner or interest holder by the criminal
214	213		street gang or foreign terrorist organization or a member of the
215	214		criminal street gang or foreign terrorist organization.
216	215		SECTION 2.09. The heading to Chapter 67, Code of Criminal
217	216		Procedure, is amended to read as follows:
218	217		CHAPTER 67. COMPILATION OF INFORMATION PERTAINING TO COMBINATIONS,
219	218		[AND] CRIMINAL STREET GANGS, AND FOREIGN TERRORIST ORGANIZATIONS
220	219		SECTION 2.10. Article 67.001, Code of Criminal Procedure,
221	220		is amended by adding Subdivision (8-a) and amending Subdivision (9)
222	221		to read as follows:
223	222		(8-a) "Foreign terrorist organization" has the meaning
224	223		assigned by Section 71.01, Penal Code.
225	224		(9) "Intelligence database" means a collection or
226	225		compilation of data organized for search and retrieval to evaluate,
227	226		analyze, disseminate, or use intelligence information relating to a
228	227		combination, [or] criminal street gang, or foreign terrorist
229	228		organization for the purpose of investigating or prosecuting a
230	229		criminal offense.
231	230		SECTION 2.11. Articles 67.051(a) and (b), Code of Criminal
232	231		Procedure, are amended to read as follows:
233	232		(a) Subject to Subsection (b), a criminal justice agency or
234	233		juvenile justice agency shall compile criminal information into an
235	234		intelligence database for the purpose of investigating or
236	235		prosecuting the criminal activities of combinations, [or] criminal
237	236		street gangs, or foreign terrorist organizations.
238	237		(b) A law enforcement agency in a municipality with a
239	238		population of 50,000 or more or in a county with a population of
240	239		100,000 or more shall compile and maintain in a local or regional
241	240		intelligence database criminal information relating to a criminal
242	241		street gang or a foreign terrorist organization as provided by
243	242		Subsection (a). The agency must compile and maintain the
244	243		information in accordance with the criminal intelligence systems
245	244		operating policies established under 28 C.F.R. Section 23.1 et seq.
246	245		and the submission criteria established under Article 67.054(b).
247	246		SECTION 2.12. Article 67.054(b), Code of Criminal
248	247		Procedure, is amended to read as follows:
249	248		(b) Criminal information collected under this chapter
250	249		relating to a criminal street gang or foreign terrorist
251	250		organization must:
252	251		(1) be relevant to the identification of an
253	252		organization that is reasonably suspected of involvement in
254	253		criminal activity; and
255	254		(2) consist of:
256	255		(A) a judgment under any law that includes, as a
257	256		finding or as an element of a criminal offense, participation in a
258	257		criminal street gang or foreign terrorist organization;
259	258		(B) a self-admission by an individual of
260	259		membership in a criminal street gang or foreign terrorist
261	260		organization [membership] that is made during a judicial
262	261		proceeding; or
263	262		(C) except as provided by Subsection (c), any two
264	263		of the following:
265	264		(i) a self-admission by the individual of
266	265		membership in a criminal street gang or foreign terrorist
267	266		organization [membership] that is not made during a judicial
268	267		proceeding, including the use of the Internet or other electronic
269	268		format or medium to post photographs or other documentation
270	269		identifying the individual as a member of a criminal street gang or
271	270		foreign terrorist organization;
272	271		(ii) an identification of the individual as
273	272		a member of a criminal street gang or foreign terrorist
274	273		organization [member] by a reliable informant or other individual;
275	274		(iii) a corroborated identification of the
276	275		individual as a member of a criminal street gang or foreign
277	276		terrorist organization [member] by an informant or other individual
278	277		of unknown reliability;
279	278		(iv) evidence that the individual frequents
280	279		a documented area of a criminal street gang or foreign terrorist
281	280		organization and associates with known members of a criminal street
282	281		gang or foreign terrorist organization [members];
283	282		(v) evidence that the individual uses, in
284	283		more than an incidental manner, criminal street gang or foreign
285	284		terrorist organization dress, hand signals, tattoos, or symbols,
286	285		including expressions of letters, numbers, words, or marks,
287	286		regardless of how or the means by which the symbols are displayed,
288	287		that are associated with a criminal street gang or foreign
289	288		terrorist organization that operates in an area frequented by the
290	289		individual and described by Subparagraph (iv);
291	290		(vi) evidence that the individual has been
292	291		arrested or taken into custody with known members of a criminal
293	292		street gang or foreign terrorist organization [members] for an
294	293		offense or conduct consistent with [criminal street] gang activity
295	294		as defined by Section 125.061, Civil Practice and Remedies Code;
296	295		(vii) evidence that the individual has
297	296		visited a known member of a criminal street gang or foreign
298	297		terrorist organization [member], other than a family member of the
299	298		individual, while the [gang] member is confined in or committed to a
300	299		penal institution; or
301	300		(viii) evidence of the individual's use of
302	301		technology, including the Internet, to recruit new members of a
303	302		criminal street gang or foreign terrorist organization [members].
304	303		SECTION 2.13. Articles 67.102(a) and (d), Code of Criminal
305	304		Procedure, are amended to read as follows:
306	305		(a) Notwithstanding Chapter 58, Family Code, criminal
307	306		information relating to a child associated with a combination, [or]
308	307		criminal street gang, or foreign terrorist organization may be
309	308		compiled and released under this chapter regardless of the age of
310	309		the child.
311	310		(d) The governing body of a county or municipality served by
312	311		a law enforcement agency described by Article 67.051(b) may adopt a
313	312		policy to notify the parent or guardian of a child of the agency's
314	313		observations relating to the child's association with a criminal
315	314		street gang or foreign terrorist organization.
316	315		SECTION 2.14. Article 67.251, Code of Criminal Procedure,
317	316		is amended to read as follows:
318	317		Art. 67.251. ESTABLISHMENT OF GANG RESOURCE SYSTEM. The
319	318		office of the attorney general shall establish an electronic gang
320	319		resource system to provide criminal justice agencies and juvenile
321	320		justice agencies with information about criminal street gangs and
322	321		foreign terrorist organizations in this state.
323	322		SECTION 2.15. Articles 67.252(a) and (b), Code of Criminal
324	323		Procedure, are amended to read as follows:
325	324		(a) The gang resource system established under Article
326	325		67.251 may include the following information with regard to any
327	326		gang or foreign terrorist organization:
328	327		(1) gang or organization name;
329	328		(2) gang or organization identifiers, such as colors
330	329		used, tattoos, and clothing preferences;
331	330		(3) criminal activities;
332	331		(4) migration trends;
333	332		(5) recruitment activities; and
334	333		(6) a local law enforcement contact.
335	334		(b) Information in the gang resource system shall be
336	335		accessible according to:
337	336		(1) municipality or county; and
338	337		(2) gang or organization name.
339	338		SECTION 2.16. Article 67.254(a), Code of Criminal
340	339		Procedure, is amended to read as follows:
341	340		(a) On request by the office of the attorney general, a
342	341		criminal justice agency or juvenile justice agency shall make a
343	342		reasonable attempt to provide gang and foreign terrorist
344	343		organization information to the office of the attorney general for
345	344		the purpose of maintaining an updated, comprehensive gang resource
346	345		system.
347	346		SECTION 2.17. Article 67.255, Code of Criminal Procedure,
348	347		is amended to read as follows:
349	348		Art. 67.255. USE OF INFORMATION. Information in the gang
350	349		resource system may be used in investigating [gang-related] crimes
351	350		relating to a criminal street gang or foreign terrorist
352	351		organization. Information from the system may be included in an
353	352		affidavit or subpoena or used in connection with any other legal or
354	353		judicial proceeding only if the information is corroborated by
355	354		information not provided by or maintained in the system.
356	355		SECTION 2.18. Section 71.01, Penal Code, is amended by
357	356		adding Subsection (e) to read as follows:
358	357		(e) "Foreign terrorist organization" means three or more
359	358		persons operating as an organization at least partially outside the
360	359		United States who engage in criminal activity and threaten the
361	360		security of this state or its residents, including a drug cartel.
362	361		SECTION 2.19. Section 71.02(a), Penal Code, is amended to
363	362		read as follows:
364	363		(a) A person commits an offense if, with the intent to
365	364		establish, maintain, or participate in a combination or in the
366	365		profits of a combination or as a member of a criminal street gang or
367	366		foreign terrorist organization, the person commits or conspires to
368	367		commit one or more of the following:
369	368		(1) murder, capital murder, arson, aggravated
370	369		robbery, robbery, burglary, theft, aggravated kidnapping,
371	370		kidnapping, aggravated assault, aggravated sexual assault, sexual
372	371		assault, continuous sexual abuse of young child or disabled
373	372		individual, solicitation of a minor, forgery, deadly conduct,
374	373		assault punishable as a Class A misdemeanor, burglary of a motor
375	374		vehicle, or unauthorized use of a motor vehicle;
376	375		(2) any gambling offense punishable as a Class A
377	376		misdemeanor;
378	377		(3) promotion of prostitution, aggravated promotion
379	378		of prostitution, or compelling prostitution;
380	379		(4) unlawful manufacture, transportation, repair, or
381	380		sale of firearms or prohibited weapons;
382	381		(5) unlawful manufacture, delivery, dispensation, or
383	382		distribution of a controlled substance or dangerous drug, or
384	383		unlawful possession of a controlled substance or dangerous drug:
385	384		(A) through forgery, fraud, misrepresentation,
386	385		or deception; or
387	386		(B) with the intent to deliver the controlled
388	387		substance or dangerous drug;
389	388		(5-a) causing the unlawful delivery, dispensation, or
390	389		distribution of a controlled substance or dangerous drug in
391	390		violation of Subtitle B, Title 3, Occupations Code;
392	391		(6) any unlawful wholesale promotion or possession of
393	392		any obscene material or obscene device with the intent to wholesale
394	393		promote the same;
395	394		(7) any offense under Subchapter B, Chapter 43,
396	395		depicting or involving conduct by or directed toward a child
397	396		younger than 18 years of age;
398	397		(8) any felony offense under Chapter 32;
399	398		(9) any offense under Chapter 36;
400	399		(10) any offense under Chapter 34, 35, or 35A;
401	400		(11) any offense under Section 37.11(a);
402	401		(12) any offense under Chapter 20A;
403	402		(13) any offense under Section 37.10;
404	403		(14) any offense under Section 38.06, 38.07, 38.09, or
405	404		38.11;
406	405		(15) any offense under Section 42.10;
407	406		(16) any offense under Section 46.06(a)(1) or 46.14;
408	407		(17) any offense under Section 20.05, [or] 20.06, or
409	408		20.07;
410	409		(18) any offense under Section 16.02; or
411	410		(19) any offense classified as a felony under the Tax
412	411		Code.
413	412		SECTION 2.20. The heading to Section 71.022, Penal Code, is
414	413		amended to read as follows:
415	414		Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP
416	415		IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION.
417	416		SECTION 2.21. Sections 71.022(a) and (a-1), Penal Code, are
418	417		amended to read as follows:
419	418		(a) A person commits an offense if the person knowingly
420	419		causes, enables, encourages, recruits, or solicits another person
421	420		to become a member of a criminal street gang or foreign terrorist
422	421		organization which, as a condition of initiation, admission,
423	422		membership, or continued membership, requires the commission of any
424	423		conduct which constitutes an offense punishable as a Class A
425	424		misdemeanor or a felony.
426	425		(a-1) A person commits an offense if, with intent to coerce,
427	426		induce, or solicit a child to actively participate in the
428	427		activities of a criminal street gang or foreign terrorist
429	428		organization, the person:
430	429		(1) threatens the child or a member of the child's
431	430		family with imminent bodily injury; or
432	431		(2) causes bodily injury to the child or a member of
433	432		the child's family.
434	433		SECTION 2.22. Section 71.023, Penal Code, is amended to
435	434		read as follows:
436	435		Sec. 71.023. DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS
437	436		OR FOREIGN TERRORIST ORGANIZATIONS. (a) A person commits an
438	437		offense if the person, as part of the identifiable leadership of a
439	438		criminal street gang or foreign terrorist organization, knowingly
440	439		finances, directs, or supervises the commission of, or a conspiracy
441	440		to commit, one or more of the following offenses by members of a
442	441		criminal street gang or foreign terrorist organization:
443	442		(1) a felony offense that is listed in Article
444	443		42A.054(a), Code of Criminal Procedure;
445	444		(2) a felony offense for which it is shown that a
446	445		deadly weapon, as defined by Section 1.07, was used or exhibited
447	446		during the commission of the offense or during immediate flight
448	447		from the commission of the offense; or
449	448		(3) an offense that is punishable under Section
450	449		481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),
451	450		481.115(f), or 481.120(b)(6), Health and Safety Code.
452	451		(b) An offense under this section is a felony of the first
453	452		degree punishable by imprisonment in the Texas Department of
454	453		Criminal Justice for life or for any term of not more than 99 years
455	454		or less than 25 years.
456	455		SECTION 2.23. Chapter 125, Civil Practice and Remedies
457	456		Code, as amended by this article, applies only to an action
458	457		commenced on or after the effective date of this Act. An action
459	458		commenced before the effective date of this Act is governed by the
460	459		law as it existed immediately before the effective date of this Act,
461	460		and the former law is continued in effect for that purpose.
462	461		SECTION 2.24. Chapter 71, Penal Code, as amended by this
463	462		article, applies only to an offense committed on or after the
464	463		effective date of this Act. An offense committed before the
465	464		effective date of this Act is governed by the law in effect on the
466	465		date the offense was committed, and the former law is continued in
467	466		effect for that purpose. For purposes of this section, an offense
468	467		was committed before the effective date of this Act if any element
469	468		of the offense occurred before that date.
470	469		ARTICLE 3. EFFECTIVE DATE
471	470		SECTION 3.01. This Act takes effect September 1, 2023.