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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for certain property offenses committed |
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during certain declared states of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.50 to read as follows: |
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Sec. 12.50. PENALTIES FOR CERTAIN PROPERTY OFFENSES |
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COMMITTED DURING DISASTER. (a) Subject to Subsection (b), the |
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punishment for an offense under Chapter 28, 29, 30, or 31 is |
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increased to the punishment prescribed for the next highest |
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category of offense if it is shown on the trial of the offense that, |
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on the date the actor committed any element of the offense, the area |
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in which the actor committed the offense was an area: |
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(1) the governor declared under Section 418.014, |
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Government Code, to be under a state of disaster; or |
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(2) the governing body of a political subdivision |
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declared under Section 418.108, Government Code, to be under a |
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state of local disaster. |
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(b) If the offense for which punishment is increased under |
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this section is ordinarily punished as a Class A misdemeanor, the |
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offense remains a Class A misdemeanor the minimum term of |
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confinement for which is increased to 180 days. |
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SECTION 2. 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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |