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A BILL TO BE ENTITLED
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AN ACT
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relating to the apprehension, prosecution, and punishment of |
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individuals committing or attempting to commit certain sex |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 24A to read as follows: |
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CHAPTER 24A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT |
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ORDERS; PRESERVING CERTAIN INFORMATION |
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SUBCHAPTER A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT |
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ORDERS |
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Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a subpoena, search warrant, or other court order |
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that: |
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(1) relates to the investigation or prosecution of a |
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criminal offense under Section 33.021, Penal Code; and |
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(2) is served on or issued with respect to an Internet |
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service provider that provides service in this state. |
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Art. 24A.002. RESPONSE REQUIRED; DEADLINE FOR RESPONSE. |
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(a) Except as provided by Subsection (b), not later than the 10th |
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day after the date on which an Internet service provider is served |
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with or otherwise receives a subpoena, search warrant, or other |
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court order described by Article 24A.001, the Internet service |
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provider shall: |
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(1) fully comply with the subpoena, warrant, or order; |
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or |
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(2) petition a court to excuse the Internet service |
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provider from complying with the subpoena, warrant, or order. |
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(b) As soon as is practicable, and in no event later than the |
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second business day after the date the Internet service provider is |
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served with or otherwise receives a subpoena, search warrant, or |
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other court order described by Article 24A.001, the Internet |
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service provider shall fully comply with the subpoena, search |
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warrant, or order if the subpoena, search warrant, or order |
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indicates that full compliance is necessary to address a situation |
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that threatens a person with death or other serious bodily injury. |
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(c) For the purposes of Subsection (a)(1), full compliance |
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with the subpoena, warrant, or order includes: |
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(1) producing or providing, to the extent permitted |
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under federal law, all documents or information requested under the |
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subpoena, warrant, or order; or |
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(2) providing, to the extent permitted under federal |
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law, electronic access to all documents or information requested |
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under the subpoena, warrant, or order. |
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Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An |
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Internet service provider that disobeys a subpoena, search warrant, |
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or other court order described by Article 24A.001 and that was not |
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excused from complying with the subpoena, warrant, or order under |
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Article 24A.002(a)(2) may be punished in any manner provided by |
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law. |
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[Articles 24A.004-24A.050 reserved for expansion] |
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SUBCHAPTER B. PRESERVING CERTAIN INFORMATION |
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Art. 24A.051. PRESERVING INFORMATION. (a) On written |
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request of a law enforcement agency in this state or a federal law |
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enforcement agency and pending the issuance of a subpoena or other |
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court order described by Article 24A.001, an Internet service |
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provider that provides service in this state shall take all steps |
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necessary to preserve all records or other potential evidence in a |
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criminal trial that is in the possession of the Internet service |
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provider. |
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(b) Subject to Subsection (c), an Internet service provider |
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shall preserve information under Subsection (a) for a period of 90 |
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days after the date the Internet service provider receives the |
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written request described by Subsection (a). |
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(c) An Internet service provider shall preserve information |
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under Subsection (a) for the 90-day period immediately following |
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the 90-day period described by Subsection (b) if the requesting law |
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enforcement agency in writing requests an extension of the |
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preservation period. |
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SECTION 2. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.0281 to read as follows: |
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Sec. 402.0281. INTERNET SERVICE PROVIDER DATABASE. |
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(a) The attorney general shall establish a computerized database |
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containing contact information for all Internet service providers |
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providing service in this state. The contact information must |
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include: |
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(1) the name and physical address of the person |
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authorized to accept service of process for the Internet service |
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provider; and |
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(2) the physical address of the Internet service |
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provider's principal place of business in this state. |
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(b) At the request of a district attorney, criminal district |
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attorney, county attorney, law enforcement agency of this state, or |
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local law enforcement agency, the attorney general shall allow the |
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requestor access to the database to expedite the |
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information-gathering process of a criminal investigation |
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conducted by the requestor concerning an offense under Section |
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33.021, Penal Code. |
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SECTION 3. Section 414.005, Government Code, is amended to |
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read as follows: |
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Sec. 414.005. DUTIES. The council shall: |
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(1) encourage, advise, and assist in the creation of |
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crime stoppers organizations; |
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(2) foster the detection of crime and encourage |
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persons to report information about criminal acts; |
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(3) encourage news and other media to broadcast |
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reenactments and to inform the public of the functions of crime |
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stoppers organizations' operations and programs; |
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(4) promote the process of crime stoppers |
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organizations to forward information about criminal acts to the |
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appropriate law enforcement agencies; [and] |
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(5) help law enforcement agencies detect and combat |
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crime by increasing the flow of information to and between law |
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enforcement agencies; |
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(6) create specialized programs targeted at detecting |
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specific crimes or types of crimes, including at least one program |
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that: |
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(A) encourages individuals to report sex |
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offenders who have failed to register under Chapter 62, Code of |
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Criminal Procedure; and |
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(B) financially rewards each individual who |
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makes a report described by Paragraph (A) that leads or |
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substantially contributes to the arrest or apprehension of a sex |
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offender who has failed to register under Chapter 62, Code of |
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Criminal Procedure; and |
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(7) encourage, advise, and assist crime stoppers |
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organizations in implementing any programs created under |
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Subdivision (6), including a program specifically described by |
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Subdivision (6). |
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SECTION 4. Subsection (b), Section 3.03, Penal Code, is |
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amended to read as follows: |
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(b) If the accused is found guilty of more than one offense |
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arising out of the same criminal episode, the sentences may run |
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concurrently or consecutively if each sentence is for a conviction |
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of: |
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(1) an offense: |
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(A) under Section 49.07 or 49.08, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; |
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(2) an offense: |
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(A) under Section 33.021 or an offense under |
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Section 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a |
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victim younger than 17 years of age at the time of the commission of |
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the offense regardless of whether the accused is convicted of |
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violations of the same section more than once or is convicted of |
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violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) committed against a victim younger than 17 |
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years of age at the time of the commission of the offense regardless |
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of whether the accused is charged with violations of the same |
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section more than once or is charged with violations of more than |
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one section; or |
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(3) an offense: |
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(A) under Section 21.15 or 43.26, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections. |
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SECTION 5. Subsection (f), Section 33.021, Penal Code, is |
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amended to read as follows: |
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(f) An offense under Subsection (b) is a [state jail] felony |
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of the third degree, except that the offense is a felony of the |
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second degree if the minor is younger than 14 years of age or is an |
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individual whom the actor believes to be younger than 14 years of |
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age at the time of the commission of the offense. An[, and an] |
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offense under Subsection (c) is a felony of the second [third] |
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degree[, except that an offense under Subsection (b) or (c) is a
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felony of the second degree if the minor is younger than 14 years of
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age or is an individual whom the actor believes to be younger than
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14 years of age]. |
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SECTION 6. The attorney general shall ensure that the |
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database required under Section 402.0281, Government Code, as added |
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by this Act, is fully operational not later than April 1, 2008, and |
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not later than June 1, 2008, shall begin allowing requesting |
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parties access to that database as described by that section. |
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SECTION 7. Subsection (b), Sections 3.03, and Subsection |
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(f), Section 33.021, Penal Code, as amended by this Act, apply only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is covered by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For the purposes of this section, an |
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offense was committed before September 1, 2007, if any element of |
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the offense occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2007. |
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