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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of indecent exposure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.08, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) An offense under this section is a Class B misdemeanor, |
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except that the offense is: |
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(1) a Class A misdemeanor if it is shown on the trial |
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of the offense that the defendant has been previously convicted one |
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time of an offense under this section; and |
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(2) a state jail felony if it is shown on the trial of |
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the offense that the defendant has been previously convicted seven |
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or more times of an offense under this section. |
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(c) For purposes of Subsection (b), a defendant has been |
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previously convicted under this section if the defendant was |
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adjudged guilty of the offense or entered a plea of guilty or nolo |
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contendere in return for a grant of deferred adjudication, |
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regardless of whether the sentence for the offense was ever imposed |
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or whether the sentence was probated and the defendant was |
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subsequently discharged from community supervision. |
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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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governed by the law in effect when the offense was committed, and |
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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 3. This Act takes effect September 1, 2013. |