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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and adjudication of the offense of |
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graffiti and to the payment and use of a juvenile delinquency |
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prevention fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.037, Code of Criminal Procedure, is |
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amended by adding Subsection (s) to read as follows: |
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(s)(1) If a court orders a defendant convicted of an offense |
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under Section 28.08, Penal Code, to make restitution to the victim |
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of the offense, the court may order the defendant to make |
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restitution as provided by Subsection (b)(1)(B) or by personally |
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restoring the property by removing or painting over any markings |
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the defendant made. |
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(2) A court shall order a defendant convicted of an |
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offense under Section 28.08, Penal Code, to make restitution to a |
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political subdivision that erects a street sign or official |
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traffic-control device on which the defendant makes markings in |
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violation of Section 28.08, Penal Code. The amount of the |
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restitution ordered must be equal to the lesser of the amount of |
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restitution authorized by Subsection (b)(1)(B) or the cost to the |
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political subdivision of restoring the street sign or official |
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traffic-control device. For purposes of this subdivision, |
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"official traffic-control device" has the meaning assigned by |
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Section 541.304, Transportation Code. |
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SECTION 2. Articles 102.0171(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) A defendant convicted of an offense under Section 28.08, |
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Penal Code, in a county court, county court at law, or district |
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court shall pay a $50 juvenile delinquency prevention [$5 graffiti
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eradication] fee as a cost of court. |
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(c) The clerks of the respective courts shall collect the |
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costs and pay them to the county treasurer or to any other official |
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who discharges the duties commonly delegated to the county |
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treasurer for deposit in a fund to be known as the county juvenile |
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delinquency prevention fund. A fund designated by this subsection |
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may be used only to: |
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(1) repair damage caused by the commission of offenses |
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under Section 28.08, Penal Code; |
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(2) provide educational and intervention programs and |
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materials, including printed educational materials for |
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distribution to primary and secondary school students, designed to |
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prevent individuals from committing offenses under Section 28.08, |
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Penal Code; |
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(3) provide to the public rewards for identifying and |
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aiding in the apprehension and prosecution of offenders who commit |
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offenses under Section 28.08, Penal Code; |
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(4) provide funding for teen recognition and teen |
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recreation programs; |
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(5) provide funding for local teen court programs; |
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(6) provide funding for the local juvenile probation |
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department; and |
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(7) provide educational and intervention programs |
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designed to prevent juveniles from engaging in delinquent conduct. |
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SECTION 3. Section 54.046, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) If a juvenile court places on probation under Section |
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54.04(d) a child adjudicated as having engaged in conduct in |
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violation of Section 28.08, Penal Code, in addition to other |
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conditions of probation, the court: |
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(1) may order the child to: |
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(A) reimburse the owner of the property for the |
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cost of restoring the property; or |
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(B) [,] with consent of the owner of the |
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property, [order the child as a condition of probation to] restore |
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the property by removing or painting over any markings made by the |
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child on the property; and |
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(2) shall order the child to make to a political |
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subdivision that erects a street sign or official traffic-control |
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device on which the child made markings in violation of Section |
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28.08, Penal Code, restitution, the amount of which must be equal to |
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the cost to the political subdivision of replacing the street sign |
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or official traffic-control device or of restoring the sign or |
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device, whichever amount is less. |
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(a-1) For purposes of Subsection (a), "official |
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traffic-control device" has the meaning assigned by Section |
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541.304, Transportation Code. |
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SECTION 4. Section 54.0461(a), Family Code, is amended to |
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read as follows: |
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(a) If a child is adjudicated as having engaged in |
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delinquent conduct that violates Section 28.08, Penal Code, the |
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juvenile court shall order the child, parent, or other person |
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responsible for the child's support to pay to the court a $50 [$5] |
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juvenile delinquency prevention fee as a cost of court. |
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SECTION 5. Chapter 54, Family Code, is amended by adding |
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Section 54.0481 to read as follows: |
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Sec. 54.0481. RESTITUTION FOR DAMAGING PROPERTY WITH |
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GRAFFITI. (a) A juvenile court, in a disposition hearing under |
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Section 54.04 regarding a child who has been adjudicated to have |
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engaged in delinquent conduct that violates Section 28.08, Penal |
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Code: |
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(1) may order the child or a parent or other person |
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responsible for the child's support to make restitution by: |
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(A) reimbursing the owner of the property for the |
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cost of restoring the property; or |
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(B) with the consent of the owner of the |
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property, personally restoring the property by removing or painting |
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over any markings the child made; and |
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(2) shall order the child or a parent or other person |
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responsible for the child's support to make to a political |
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subdivision that erects a street sign or official traffic-control |
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device on which the child made markings in violation of Section |
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28.08, Penal Code, restitution, the amount of which must be equal to |
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the cost to the political subdivision of replacing the street sign |
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or official traffic-control device or of restoring the sign or |
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device, whichever amount is less. |
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(b) For purposes of Subsection (a), "official |
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traffic-control device" has the meaning assigned by Section |
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541.304, Transportation Code. |
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SECTION 6. Section 102.041, Government Code, is amended to |
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read as follows: |
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Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN |
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DISTRICT COURT. The clerk of a district court shall collect fees |
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and costs on conviction of a defendant as follows: |
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(1) a jury fee (Art. 102.004, Code of Criminal |
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Procedure)$20; |
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(2) a fee for clerk of the court services (Art. |
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102.005, Code of Criminal Procedure)$40; |
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(3) a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure)$25; |
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(4) a security fee on a felony offense (Art. 102.017, |
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Code of Criminal Procedure)$5; |
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(5) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure)$3; |
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(6) a juvenile delinquency prevention [graffiti
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eradication] fee (Art. 102.0171, Code of Criminal |
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Procedure)$50 [$5]; and |
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(7) a court cost on conviction in Comal County (Sec. |
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152.0522, Human Resources Code)$4. |
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SECTION 7. Section 102.061, Government Code, is amended to |
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read as follows: |
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Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
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STATUTORY COUNTY COURT. The clerk of a statutory county court shall |
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collect fees and costs on conviction of a defendant as follows: |
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(1) a jury fee (Art. 102.004, Code of Criminal |
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Procedure)$20; |
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(2) a fee for services of the clerk of the court (Art. |
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102.005, Code of Criminal Procedure)$40; |
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(3) a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure)$25; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure)$3; |
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(5) a juvenile delinquency prevention [graffiti
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eradication] fee (Art. 102.0171, Code of Criminal |
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Procedure)$50 [$5]; |
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(6) a court cost on conviction in Comal County (Sec. |
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152.0522, Human Resources Code)$4; and |
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(7) a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure)$5. |
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SECTION 8. Section 102.081, Government Code, is amended to |
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read as follows: |
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Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
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COUNTY COURT. The clerk of a county court shall collect fees and |
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costs on conviction of a defendant as follows: |
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(1) a jury fee (Art. 102.004, Code of Criminal |
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Procedure)$20; |
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(2) a fee for clerk of the court services (Art. |
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102.005, Code of Criminal Procedure)$40; |
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(3) a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure)$25; |
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(4) a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure)$3; |
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(5) a juvenile delinquency prevention [graffiti
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eradication] fee (Art. 102.0171, Code of Criminal |
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Procedure)$50 [$5]; and |
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(6) a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure)$5. |
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SECTION 9. The changes in law made by this Act apply only to |
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an offense committed or conduct engaged in on or after the effective |
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date of this Act. An offense committed or conduct engaged in before |
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the effective date of this Act is covered by the law in effect at the |
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time the offense was committed or the conduct was engaged in, 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 or conduct was |
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engaged in before the effective date of this Act if any element of |
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the offense or conduct occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2007. |