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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain criminal defendants for an |
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order of nondisclosure of criminal history record information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.0725(e), Government Code, is amended |
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to read as follows: |
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(e) A person may petition the court that placed the person |
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on deferred adjudication community supervision for an order of |
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nondisclosure of criminal history record information under this |
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section only on or after: |
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(1) the discharge and dismissal, if the offense for |
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which the person was placed on deferred adjudication was a |
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misdemeanor other than a misdemeanor described by Subdivision (3) |
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[(2)]; |
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(2) the first anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a state jail felony other than a state |
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jail felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, |
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Penal Code; |
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(3) the second anniversary of the discharge and |
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dismissal, if the offense for which the person was placed on |
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deferred adjudication was a misdemeanor under Chapter 20, 21, 22, |
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25, 42, 43, or 46, Penal Code; or |
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(4) [(3)] the third [fifth] anniversary of the |
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discharge and dismissal, if the offense for which the person was |
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placed on deferred adjudication was a felony other than a state jail |
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felony described by Subdivision (2). |
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SECTION 2. The heading to Section 411.073, Government Code, |
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is amended to read as follows: |
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Sec. 411.073. PROCEDURE FOR COMMUNITY SUPERVISION |
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FOLLOWING CONVICTION; CERTAIN MISDEMEANORS AND STATE JAIL |
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FELONIES. |
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SECTION 3. Section 411.073, Government Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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as follows: |
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(a) This section applies only to a person placed on |
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community supervision under Chapter 42A, Code of Criminal |
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Procedure: |
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(1) following a conviction of: |
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(A) a misdemeanor other than a misdemeanor under |
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Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, |
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49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or |
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(B) a state jail felony other than a state jail |
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felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal |
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Code; and |
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(2) under a provision of Chapter 42A, Code of Criminal |
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Procedure, other than Subchapter C, including: |
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(A) a provision that requires the person to serve |
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a term of confinement as a condition of community supervision; or |
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(B) another provision that authorizes placing a |
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person on community supervision after the person has served part of |
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a term of confinement imposed for the offense. |
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(d) A person may petition the court that placed the person |
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on community supervision for an order of nondisclosure of criminal |
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history record information under this section only on or after: |
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(1) the completion of the community supervision, if |
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the offense for which the person was placed on community |
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supervision was a misdemeanor other than a misdemeanor described by |
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Subdivision (3) [(2)]; [or] |
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(2) the first anniversary of the date of completion of |
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the community supervision, if the offense for which the person was |
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placed on community supervision was a state jail felony; or |
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(3) the second anniversary of the date of completion |
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of the community supervision, if the offense for which the person |
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was placed on community supervision was a misdemeanor under Chapter |
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20, 21, 22, 25, 42, 43, or 46, Penal Code. |
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(e) A court that issues an order of nondisclosure of |
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criminal history record information may include in the order any |
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offense arising out of the same transaction as the offense for which |
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the order is sought if the other offense: |
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(1) satisfies the requirements for issuance of an |
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order of nondisclosure of criminal history record information under |
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this section or another provision of this subchapter; or |
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(2) has not resulted in a conviction or a dismissal and |
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discharge under Article 42A.111, Code of Criminal Procedure, and is |
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no longer pending. |
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SECTION 4. The heading to Section 411.0735, Government |
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Code, is amended to read as follows: |
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Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN |
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MISDEMEANORS AND STATE JAIL FELONIES. |
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SECTION 5. Section 411.0735, Government Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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as follows: |
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(a) This section applies only to a person who: |
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(1) is convicted of: |
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(A) a misdemeanor other than a misdemeanor under |
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Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, |
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49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; or |
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(B) a state jail felony other than a state jail |
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felony under Chapter 20, 21, 22, 25, 42, 43, 46, 49, or 71, Penal |
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Code; and |
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(2) is not eligible for an order of nondisclosure of |
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criminal history record information under Section 411.073. |
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(d) A person may petition the court that imposed the |
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sentence for an order of nondisclosure of criminal history record |
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information under this section only on or after: |
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(1) the date of completion of the person's sentence, if |
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the offense of which the person was convicted was a misdemeanor |
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punishable by fine only; [or] |
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(2) the first [second] anniversary of the date of |
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completion of the person's sentence, if the offense of which the |
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person was convicted was a misdemeanor other than a misdemeanor |
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described by Subdivision (1) or (3)(A); or |
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(3) the second anniversary of the date of completion |
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of the person's sentence, if the offense of which the person was |
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convicted was: |
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(A) a misdemeanor under Chapter 20, 21, 22, 25, |
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42, 43, or 46, Penal Code; or |
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(B) a state jail felony. |
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(e) A court that issues an order of nondisclosure of |
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criminal history record information may include in the order any |
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offense arising out of the same transaction as the offense for which |
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the order is sought if the other offense: |
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(1) satisfies the requirements for issuance of an |
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order of nondisclosure of criminal history record information under |
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this section or another provision of this subchapter; or |
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(2) has not resulted in a conviction or a dismissal and |
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discharge under Article 42A.111, Code of Criminal Procedure, and is |
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no longer pending. |
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SECTION 6. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0738 to read as follows: |
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Sec. 411.0738. PROCEDURE FOR MORE THAN ONE CONVICTION. |
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(a) This section applies only to a person who: |
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(1) has more than one conviction for an offense that is |
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a misdemeanor or state jail felony other than: |
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(A) a misdemeanor under Section 106.041, |
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Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, |
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Penal Code, or Chapter 71, Penal Code; or |
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(B) a state jail felony under Chapter 19, 20, 21, |
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22, 25, 42, 43, 46, 49, or 71, Penal Code; and |
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(2) is not eligible for an order of nondisclosure of |
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criminal history record information under Section 411.073 or |
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411.0735. |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, a person described by Subsection (a) who has |
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completed each sentence imposed, including any term of confinement |
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or period of community supervision imposed and payment of all |
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fines, costs, and restitution imposed, may petition any court that |
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imposed at least one of those sentences for an order of |
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nondisclosure of criminal history record information under this |
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section if the person satisfies the requirements of this section |
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and Section 411.074. |
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(c) Except as provided by Subsection (d), after notice to |
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the state, an opportunity for a hearing, and a determination that |
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the person is entitled to file the petition and issuance of the |
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order is in the best interest of justice, the court shall issue an |
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order prohibiting criminal justice agencies from disclosing to the |
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public criminal history record information related to the offenses |
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for which the person was convicted. |
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(d) A court may issue an order of nondisclosure of criminal |
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history record information under this section for a misdemeanor |
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under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code, other than a |
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misdemeanor under Section 22.01 of that code, only if the person: |
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(1) was placed on community supervision for the |
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offense; and |
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(2) completed the period of community supervision |
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imposed for the offense. |
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(e) A person may petition a court described by Subsection |
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(b) for an order of nondisclosure of criminal history record |
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information under this section only on or after: |
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(1) the third anniversary of the date of the |
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completion of all sentences imposed if the most serious offense for |
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which the order is sought is a misdemeanor; |
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(2) the fourth anniversary of the date of the |
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completion of all sentences imposed if: |
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(A) the most serious offense for which the order |
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is sought is a state jail felony; and |
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(B) the person's last sentence included a period |
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of community supervision that the person completed; or |
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(3) if neither Subdivision (1) nor (2) applies, the |
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fifth anniversary of the date of the completion of all sentences |
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imposed. |
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SECTION 7. This Act takes effect September 1, 2023. |