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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of indecent exposure; |
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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.08, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) An offense under this section is a Class A [B] |
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misdemeanor, except that the offense is a state jail felony if it is |
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shown on the trial of the offense that the defendant has been |
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previously convicted of an offense under this section. |
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(c) For purposes of Subsection (b): |
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(1) a defendant has been previously convicted under |
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this section if the defendant was adjudged guilty of the offense or |
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entered a plea of guilty or nolo contendere in return for a grant of |
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deferred adjudication community supervision, regardless of whether |
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a sentence for the offense was ever imposed on conviction or whether |
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the defendant successfully completed a period of supervision in |
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relation to the offense; and |
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(2) a conviction under the laws of another state for an |
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offense containing elements that are substantially similar to the |
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elements of an offense under this section is a conviction of an |
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offense under this section. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |