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A BILL TO BE ENTITLED
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AN ACT
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relating to strict construction of certain statutes that create or |
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define 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) Except as provided by Subsection (c), a statute or rule |
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that creates or defines a criminal offense or penalty shall be |
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strictly construed against the government and construed in favor of |
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the actor if any part of the statute or rule is susceptible to more |
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than one objectively 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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(c) Subsection (b) does not apply to a criminal offense or |
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penalty under the Penal Code. |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |