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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for and certain other civil consequences of |
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engaging in disorderly conduct for certain unlawful purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 62.001(5), Code of Criminal Procedure, |
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is amended to read as follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.02 (Continuous |
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sexual abuse of young child or children), 21.11 (Indecency with a |
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child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
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assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
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(B) a violation of Section 43.05 (Compelling |
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prostitution), 43.25 (Sexual performance by a child), or 43.26 |
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(Possession or promotion of child pornography), Penal Code; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure) or 42.01(a)(12) (Disorderly conduct), Penal |
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Code, but not if the second violation results in a deferred |
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adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), or (E); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), |
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or (J), but not if the violation results in a deferred adjudication; |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure or the elements of the offense |
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of disorderly conduct described by Section 42.01(a)(12), Penal |
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Code, but not if the second violation results in a deferred |
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adjudication; or |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code. |
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SECTION 2. Sections 42.01(a) and (d), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if he intentionally or |
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knowingly: |
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(1) uses abusive, indecent, profane, or vulgar |
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language in a public place, and the language by its very utterance |
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tends to incite an immediate breach of the peace; |
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(2) makes an offensive gesture or display in a public |
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place, and the gesture or display tends to incite an immediate |
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breach of the peace; |
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(3) creates, by chemical means, a noxious and |
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unreasonable odor in a public place; |
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(4) abuses or threatens a person in a public place in |
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an obviously offensive manner; |
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(5) makes unreasonable noise in a public place other |
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than a sport shooting range, as defined by Section 250.001, Local |
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Government Code, or in or near a private residence that he has no |
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right to occupy; |
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(6) fights with another in a public place; |
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(7) discharges a firearm in a public place other than a |
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public road or a sport shooting range, as defined by Section |
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250.001, Local Government Code; |
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(8) displays a firearm or other deadly weapon in a |
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public place in a manner calculated to alarm; |
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(9) discharges a firearm on or across a public road; |
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(10) exposes his anus or genitals in a public place and |
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is reckless about whether another may be present who will be |
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offended or alarmed by his act; [or] |
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(11) for an [a lewd or] unlawful purpose not otherwise |
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described by Subdivision (12): |
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(A) enters on the property of another and looks |
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into a dwelling on the property through any window or other opening |
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in the dwelling; |
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(B) while on the premises of a hotel or |
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comparable establishment, looks into a guest room not the person's |
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own through a window or other opening in the room; or |
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(C) while on the premises of a public place, |
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looks into an area such as a restroom or shower stall or changing or |
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dressing room that is designed to provide privacy to a person using |
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the area; or |
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(12) with intent to arouse or gratify the sexual |
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desire of any person, engages in conduct described by Subdivision |
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(11)(A), (B), or (C). |
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(d) An offense under this section is a Class C misdemeanor, |
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except that the offense is: |
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(1) a Class B misdemeanor if [unless]committed under |
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Subsection (a)(7) or (a)(8); or |
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(2) a state jail felony if committed under Subsection |
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(a)(12) [, in which event it is a Class B misdemeanor]. |
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SECTION 3. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |