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A BILL TO BE ENTITLED
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AN ACT
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relating to certain penalties imposed for the destruction of a |
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mailbox or other address identifier. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.021 to read as follows: |
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Art. 42.021. FINDING REGARDING DAMAGED OR DESTROYED |
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PROPERTY. (a) In this section, "address identifier" means a |
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mailbox, sign, 9-1-1 locator system, or other property designed to |
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identify an address. |
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(b) In the trial of an offense under Section 28.03, Penal |
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Code, if the judge determines that the property that is the subject |
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of the offense was an address identifier, the judge shall make an |
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affirmative finding of that fact and enter the affirmative finding |
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in the judgment in the case. |
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SECTION 2. Subchapter O, Chapter 521, Transportation Code, |
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is amended by adding Section 521.352 to read as follows: |
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Sec. 521.352. DAMAGING OR DESTROYING ADDRESS IDENTIFIER: |
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AUTOMATIC SUSPENSION; LICENSE DENIAL. (a) A person's driver's |
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license is automatically suspended on final conviction of an |
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offense under Section 28.03, Penal Code, if the judgment in the case |
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contains an affirmative finding under Article 42.021, Code of |
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Criminal Procedure. |
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(b) The department may not issue a driver's license to a |
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person convicted of an offense specified in Subsection (a) who, on |
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the date of the conviction, did not hold a driver's license. |
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(c) The period of suspension under this section is the 180 |
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days after the date of a final conviction, and the period of license |
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denial is the 180 days after the date the person applies to the |
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department for reinstatement or issuance of a driver's license, |
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unless the person has previously been denied a license under this |
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section or had a license suspended, in which event the period of |
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suspension is one year after the date of a final conviction, and the |
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period of license denial is one year after the date the person |
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applies to the department for reinstatement or issuance of a |
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driver's license. |
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SECTION 3. 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 when the offense was committed, and |
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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 was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |