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A BILL TO BE ENTITLED
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AN ACT
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relating to deferred disposition for certain defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.051, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (b-1), and (b-2) and adding |
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Subsections (b-4), (b-5), and (c-1) to read as follows: |
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(a) On a plea of guilty or nolo contendere by a defendant or |
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on a finding of guilt in a misdemeanor case punishable by fine only |
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[and payment of all court costs], the judge may, at the judge's |
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discretion, defer further proceedings without entering an |
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adjudication of guilt and place the defendant on probation for a |
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period not to exceed 180 days. An order of deferral under this |
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subsection terminates any liability under a bail bond or an |
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appearance bond given for the charge. |
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(b-1) If the defendant is younger than 25 years of age and |
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the offense committed by the defendant is a traffic offense under |
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Chapter 521 or Subtitle C, Title 7, Transportation Code [classified
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as a moving violation]: |
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(1) Subsection (b)(8) does not apply; |
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(2) during the deferral period, the judge shall |
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require the defendant to complete a driving safety course approved |
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under Chapter 1001, Education Code; and |
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(3) if the defendant holds a provisional license |
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issued by this state, during the deferral period the judge may |
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[shall] require that the defendant be examined by the Department of |
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Public Safety as required by Section 521.161(b)(2), Transportation |
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Code, and [;] a defendant required by a judge to be examined under |
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this subdivision is not exempt from the examination regardless of |
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whether the defendant was examined previously. |
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(b-2) A person examined as required by a judge under |
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Subsection (b-1)(3) must pay a $10 examination fee to the |
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Department of Public Safety. |
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(b-4) If a defendant described by Subsection (b-1) is |
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charged with multiple offenses arising out of the same incident and |
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the judge under Subsection (a) defers further proceedings |
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concerning all of the offenses, the judge may not order the |
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defendant to take more than one driving safety course under |
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Subsection (b-1)(2). |
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(b-5) If the defendant is charged with a misdemeanor under |
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Section 472.022, Transportation Code, or an offense under Subtitle |
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C, Title 7, Transportation Code, at the conclusion of the deferral |
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period the defendant shall provide the court with a copy of the |
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defendant's driving record as maintained by the Department of |
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Public Safety, if any, for the deferral period. |
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(c-1) If the judge dismisses the complaint under Subsection |
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(c), the judge, without specifying the offense with which the |
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defendant was charged, shall report the fact that the defendant |
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complied with the requirements of an order of deferral to the |
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Department of Public Safety for inclusion in the defendant's |
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driving record. |
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SECTION 2. Article 45.051(f), Code of Criminal Procedure, |
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as amended by Chapters 281 and 357, Acts of the 79th Legislature, |
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Regular Session, 2005, is reenacted and amended to read as follows: |
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(f) This article does not apply to: |
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(1) an offense to which Section 542.404 [or
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729.004(b)], Transportation Code, applies; or |
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(2) a violation of Chapter 521 or Subtitle C, Title 7, |
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Transportation Code, or any other [a] state law or local ordinance |
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relating to motor vehicle control, other than a parking violation, |
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committed by a person who: |
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(A) holds a commercial driver's license; or |
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(B) held a commercial driver's license when the |
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offense was committed. |
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SECTION 3. Article 45.0511, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (b), (c), and (p) and adding |
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Subsection (c-2) to read as follows: |
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(a) This [Except as provided by Subsection (a-1), this] |
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article applies only to an alleged offense that: |
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(1) is within the jurisdiction of a justice court or a |
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municipal court; |
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(2) involves the operation of a motor vehicle; and |
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(3) is defined by: |
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(A) Section 472.022, Transportation Code; |
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(B) Subtitle C, Title 7, Transportation Code; or |
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(C) Section 729.001(a)(3), Transportation Code. |
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(b) The judge shall require the defendant to successfully |
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complete a driving safety course approved by the Texas Education |
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Agency or a course under the motorcycle operator training and |
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safety program approved by the designated state agency under |
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Chapter 662, Transportation Code, if: |
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(1) the defendant elects driving safety course or |
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motorcycle operator training course dismissal under this article; |
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(2) the defendant: |
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(A) has not completed an approved driving safety |
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course or motorcycle operator training course, as appropriate, in |
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this state within the 12 months preceding the date of the offense; |
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or |
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(B) does not have a valid Texas driver's license |
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or permit, but does have a valid driver's license or permit issued |
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by another state or is a member of the United States military forces |
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serving on active duty, and has not completed a driving safety |
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course or motorcycle operator training course, as appropriate, in |
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another state within the 12 months preceding the date of the |
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offense; |
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(3) the defendant enters a plea under Article 45.021 |
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in person or in writing of no contest or guilty on or before the |
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answer date on the notice to appear and: |
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(A) presents in person or by counsel to the court |
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a request to take a course; or |
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(B) sends to the court by certified mail, return |
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receipt requested, postmarked on or before the answer date on the |
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notice to appear, a written request to take a course; |
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(4) the defendant: |
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(A) has a valid [Texas] driver's license or |
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permit issued by this state or another state; or |
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(B) is a member of the United States military |
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forces serving on active duty; |
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(5) the defendant is charged with an offense to which |
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this article applies, other than speeding 25 miles per hour or more |
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over the posted speed limit; and |
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(6) the defendant provides evidence of financial |
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responsibility as required by Chapter 601, Transportation Code. |
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(c) The court shall enter judgment on the defendant's plea |
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of no contest or guilty at the time the plea is made, defer |
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imposition of the judgment, and allow the defendant 90 days to |
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successfully complete the approved driving safety course or |
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motorcycle operator training course and present to the court: |
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(1) a uniform certificate of completion of the driving |
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safety course or a verification of completion of the motorcycle |
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operator training course; |
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(2) unless the judge proceeds under Subsection (c-1), |
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the defendant's driving record as maintained by the Department of |
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Public Safety, if any, showing that the defendant had not completed |
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an approved driving safety course or motorcycle operator training |
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course, as applicable, within the 12 months preceding the date of |
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the offense; |
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(3) an affidavit stating that the defendant was not |
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taking a driving safety course or motorcycle operator training |
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course, as applicable, under this article on the date the request to |
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take the course was made and had not completed such a course that is |
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not shown on the defendant's driving record within the 12 months |
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preceding the date of the offense; and |
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(4) if the defendant does not have a valid Texas |
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driver's license or permit, but does have a valid driver's license |
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or permit issued by another state or [and] is a member of the United |
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States military forces serving on active duty, an affidavit stating |
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that the defendant was not taking a driving safety course or |
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motorcycle operator training course, as appropriate, in another |
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state on the date the request to take the course was made and had not |
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completed such a course within the 12 months preceding the date of |
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the offense. |
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(c-2) If a defendant required to present an affidavit under |
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Subsection (c)(4) does not have a valid Texas driver's license but |
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does have a valid driver's license or permit issued by another |
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state, the judge may order the defendant to provide the court with a |
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copy of the defendant's driving record as maintained by the state |
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issuing the driver's license or permit showing that the defendant |
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had not completed an approved driving safety course or motorcycle |
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operator training course, as applicable, within the 12 months |
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preceding the date of the offense. |
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(p) The court shall advise a defendant charged with a |
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misdemeanor under Section 472.022, Transportation Code, Subtitle |
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C, Title 7, Transportation Code, or Section 729.001(a)(3), |
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Transportation Code, committed while operating a motor vehicle of |
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the defendant's right under this article to successfully complete a |
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driving safety course or, if the offense was committed while |
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operating a motorcycle, a motorcycle operator training course. The |
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right to complete a course under Subsection (b) does not apply to a |
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defendant charged with: |
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(1) a violation of Section 522.011, 522.015, 522.042, |
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545.066, 545.401, 550.022, or 550.023, Transportation Code; |
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(2) a violation of state law, other than a violation |
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described by Subdivision (1) or a violation of a local law related |
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to motor vehicle traffic control, including a law regulating the |
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operation of vehicles on highways, if the violation occurs in |
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connection with a fatal motor vehicle or motorcycle accident |
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[serious traffic violation]; or |
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(3) an offense to which Section 542.404 [or
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729.004(b)], Transportation Code, applies. |
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SECTION 4. Article 45.0511(a-1), Code of Criminal |
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Procedure, is repealed. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2007. |