1 | 1 | | 89R2580 LHC-D |
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2 | 2 | | By: Olcott H.B. No. 2590 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the punishment for the offense of indecent exposure. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 21.08(b), Penal Code, as amended by |
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12 | 12 | | Chapters 351 (S.B. 1179) and 822 (H.B. 1730), Acts of the 88th |
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13 | 13 | | Legislature, Regular Session, 2023, is reenacted and amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (b) An offense under this section is a Class B misdemeanor, |
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16 | 16 | | except that the offense is: |
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17 | 17 | | (1) a Class A misdemeanor if it is shown on the trial |
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18 | 18 | | of the offense that the defendant has been previously convicted one |
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19 | 19 | | time of an offense under this section; [and] |
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20 | 20 | | (2) a state jail felony if it is shown on the trial of |
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21 | 21 | | the offense that the defendant: |
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22 | 22 | | (A) has been previously convicted two or more |
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23 | 23 | | times of an offense under this section; or |
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24 | 24 | | (B) has been previously convicted of or placed on |
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25 | 25 | | deferred adjudication community supervision for an offense that is |
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26 | 26 | | considered to be a reportable conviction or adjudication, as |
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27 | 27 | | defined by Article 62.001(5), Code of Criminal Procedure; and |
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28 | 28 | | (3) a felony of the third degree if the actor is |
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29 | 29 | | civilly committed as a sexually violent predator under Chapter 841, |
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30 | 30 | | Health and Safety Code. |
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31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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32 | 32 | | to an offense committed on or after the effective date of this Act. |
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33 | 33 | | An offense committed before the effective date of this Act is |
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34 | 34 | | governed by the law in effect on the date the offense was committed, |
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35 | 35 | | and the former law is continued in effect for that purpose. For |
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36 | 36 | | purposes of this section, an offense was committed before the |
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37 | 37 | | effective date of this Act if any element of the offense occurred |
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38 | 38 | | before that date. |
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39 | 39 | | SECTION 3. To the extent of any conflict, this Act prevails |
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40 | 40 | | over another Act of the 89th Legislature, Regular Session, 2025, |
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41 | 41 | | relating to nonsubstantive additions to and corrections in enacted |
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42 | 42 | | codes. |
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43 | 43 | | SECTION 4. This Act takes effect September 1, 2025. |
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