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A BILL TO BE ENTITLED
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AN ACT
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relating to strict construction of statutes that create or define |
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criminal offenses and penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 311, Government Code, is |
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amended by adding Section 311.035 to read as follows: |
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Sec. 311.035. CONSTRUCTION OF STATUTE OR RULE INVOLVING |
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CRIMINAL OFFENSE OR PENALTY. (a) In this section, "actor" and |
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"element of offense" have the meanings assigned by Section 1.07, |
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Penal Code. |
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(b) A statute or rule that creates or defines a criminal |
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offense or penalty shall be strictly construed against the |
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government and construed in favor of the actor if any part of the |
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statute or rule is susceptible to more than one objectively |
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reasonable interpretation, including: |
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(1) an element of offense; or |
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(2) the penalty to be imposed. |
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SECTION 2. Sections 1.05(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) The rule that a penal statute is to be strictly |
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construed applies [does not apply] to this code. [The provisions of
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this code shall be construed according to the fair import of their
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terms, to promote justice and effect the objectives of the code.] |
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(b) Unless a different construction is required by the |
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context, Sections 311.011, 311.012, 311.014, 311.015, [and] |
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311.021 through 311.032, and 311.035 of Chapter 311, Government |
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Code (Code Construction Act), apply to the construction of this |
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code. |
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SECTION 3. The change in law made by this Act applies to a |
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criminal proceeding that commences on or after the effective date |
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of this Act. A criminal proceeding that commences before the |
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effective date of this Act is covered by the law in effect when the |
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proceeding commenced, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |