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A BILL TO BE ENTITLED
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AN ACT
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relating to a finding that offense was sexually motivated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Penal Code, is amended by adding |
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Section 42.0191, to read as follows: |
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Sec. 42.0191. FINDING THAT OFFENSE WAS SEXUALLY MOTIVATED. |
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(a) In the trial of an offense other than a sexual offense, if the |
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court determines that the defendant committed the offense with |
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sexual motivation, the court shall make an affirmative finding of |
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that fact and enter the affirmative finding in the judgment of the |
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case. |
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(b) In this article, "sexual motivation" means that one of |
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the purposes for which the defendant committed the crime was for the |
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purpose of the defendant's sexual gratification. |
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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, and offense was committed before the effective date |
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of this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2009. |