By: Harper-Brown, et al. (Senate Sponsor - Hegar) H.B. No. 927

(In the Senate - Received from the House April 27, 2011; May 2, 2011, read first time and referred to Committee on Criminal Justice; May 23, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; May 23, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 927 By: Hegar

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of indecent exposure.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.08, Penal Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) An offense under this section is a Class B misdemeanor, except that the offense is:

(1) a Class A misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted one time of an offense under this section; and

(2) a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section.

(c) For purposes of Subsection (b), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.

SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 3. This Act takes effect September 1, 2011.

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