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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain offenses involving family |
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violence; changing the eligibility for parole and mandatory |
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supervision for those offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.039 to read as follows: |
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Art. 42.039. REIMBURSEMENT OF CONFINEMENT EXPENSES BY |
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CERTAIN FAMILY VIOLENCE OFFENDERS. (a) In addition to any fine, |
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cost, or fee authorized by law, a court that sentences to a term of |
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confinement a defendant convicted of an offense under Section |
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22.01, Penal Code, and punished under Subsection (b-1)(2) of that |
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section and that orders the execution of the entire sentence shall |
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require the defendant to reimburse the Texas Department of Criminal |
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Justice for the cost of the defendant's confinement for the period |
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specified by this article. |
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(b) A court that places a defendant on community |
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supervision, including deferred adjudication community |
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supervision, for an offense under Section 22.01, Penal Code, |
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punishable under Subsection (b-1)(2) of that section, shall require |
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as a condition of community supervision that the defendant |
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reimburse the following entities for the cost of the defendant's |
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confinement for the period specified by this article: |
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(1) the county if the defendant is confined in a county |
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jail; or |
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(2) the community supervision and corrections |
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department that is served by a community corrections facility if |
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the defendant is confined in the facility. |
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(c) The amount of reimbursement shall be the actual cost of |
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the defendant's first two years of confinement, deducting for a |
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defendant on community supervision any projected costs that would |
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have been expended for the supervision of the defendant if the |
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defendant had been on community supervision but not confined during |
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that two-year period. |
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(d) Notwithstanding Subsection (a) or (b), the court shall |
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waive the amount of reimbursement required under this article if |
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the court determines that the defendant is indigent based on the |
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defendant's sworn statement or affidavit filed with the court. |
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(e) Notwithstanding Subsection (a) or (b), based on the |
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defendant's ability to pay the court may reduce the amount of |
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reimbursement required under this article by considering: |
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(1) the defendant's employment status, earning |
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ability, and financial resources; and |
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(2) any other special circumstances that may affect |
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the defendant's ability to pay, including child support obligations |
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and including any financial responsibilities owed by the defendant |
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to dependents or restitution payments owed by the defendant to a |
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victim. |
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(f) A defendant is entitled to begin paying the |
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reimbursement under this article following the last day of the term |
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of confinement and may pay the reimbursement amount in |
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installments. The last installment may not be later than the 10th |
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anniversary of that date. |
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SECTION 2. Section 14, Article 42.12, Code of Criminal |
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Procedure, as amended by Chapter 165 (H.B. 119), Acts of the 73rd |
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Legislature, Regular Session, 1993, Chapter 910 (H.B. 2187), Acts |
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of the 76th Legislature, Regular Session, 1999, Chapter 353 (S.B. |
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1054), Acts of the 78th Legislature, Regular Session, 2003, and |
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Chapter 113 (S.B. 44), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended by adding Subsection (d) to read as |
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follows: |
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(d) If the court places a defendant on deferred adjudication |
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community supervision for, or grants community supervision to a |
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defendant convicted of, an offense under Section 22.01, Penal Code, |
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that is punishable under Subsection (b-1)(2) of that section, the |
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court shall require as a condition of community supervision that |
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the defendant submit to a period of confinement equal to two years. |
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SECTION 3. Section 508.145(d)(1), Government Code, is |
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amended to read as follows: |
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(1) An inmate serving a sentence for an offense |
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described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), |
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(I), (J), (K), (L), (M), or (N), Article 42.12, Code of Criminal |
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Procedure, an offense for which the judgment contains an |
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affirmative finding under Section 3g(a)(2) of that article, an |
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offense under Section 20A.03, Penal Code, an offense under Section |
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22.01, Penal Code, punished under Subsection (b-1)(2) of that |
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section, or an offense under Section 71.02 or 71.023, Penal Code, is |
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not eligible for release on parole until the inmate's actual |
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calendar time served, without consideration of good conduct time, |
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equals one-half of the sentence or 30 calendar years, whichever is |
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less, but in no event is the inmate eligible for release on parole |
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in less than two calendar years. |
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SECTION 4. Section 508.149(a), Government Code, is amended |
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to read as follows: |
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(a) An inmate may not be released to mandatory supervision |
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if the inmate is serving a sentence for or has been previously |
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convicted of: |
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(1) an offense for which the judgment contains an |
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affirmative finding under Section 3g(a)(2), Article 42.12, Code of |
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Criminal Procedure; |
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(2) a first degree felony or a second degree felony |
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under Section 19.02, Penal Code; |
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(3) a capital felony under Section 19.03, Penal Code; |
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(4) a first degree felony or a second degree felony |
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under Section 20.04, Penal Code; |
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(5) an offense under Section 21.11, Penal Code; |
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(6) a felony under Section 22.011, Penal Code; |
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(7) a first degree felony or a second degree felony |
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under Section 22.02, Penal Code; |
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(8) a first degree felony under Section 22.021, Penal |
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Code; |
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(9) a first degree felony under Section 22.04, Penal |
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Code; |
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(10) a first degree felony under Section 28.02, Penal |
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Code; |
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(11) a second degree felony under Section 29.02, Penal |
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Code; |
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(12) a first degree felony under Section 29.03, Penal |
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Code; |
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(13) a first degree felony under Section 30.02, Penal |
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Code; |
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(14) a felony for which the punishment is increased |
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under Section 481.134 or Section 481.140, Health and Safety Code; |
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(15) an offense under Section 43.25, Penal Code; |
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(16) an offense under Section 21.02, Penal Code; |
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(17) a first degree felony under Section 15.03, Penal |
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Code; |
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(18) an offense under Section 43.05, Penal Code; |
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(19) an offense under Section 20A.02, Penal Code; |
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(20) an offense under Section 20A.03, Penal Code; [or] |
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(21) a first degree felony under Section 71.02 or |
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71.023, Penal Code; or |
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(22) an offense under Section 22.01, Penal Code, |
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punished under Subsection (b-1)(2) of that section. |
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SECTION 5. Sections 22.01(b-1) and (f), Penal Code, are |
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amended to read as follows: |
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(b-1) Notwithstanding Subsection (b)(2), an offense under |
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Subsection (a)(1) is a felony of the second degree if[:
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[(1)] the offense is committed against a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code, and: [;] |
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(1) [(2)] it is shown on the trial of the offense that |
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the defendant has been previously convicted of an offense under |
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this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against |
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a person whose relationship to or association with the defendant is |
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described by Section 71.0021(b), 71.003, or 71.005, Family Code, |
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[;] and |
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[(3)] the offense is committed by intentionally, |
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knowingly, or recklessly impeding the normal breathing or |
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circulation of the blood of the person by applying pressure to the |
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person's throat or neck or by blocking the person's nose or mouth; |
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or |
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(2) it is shown on the trial of the offense that the |
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defendant has been previously convicted two or more times of an |
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offense under this chapter, Chapter 19, or Section 20.03, 20.04, or |
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21.11 against a person whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code. |
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(f) For the purposes of Subsections (b)(2)(A) and (b-1) |
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[(b-1)(2)]: |
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(1) a defendant has been previously convicted of an |
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offense listed in those subsections committed against a person |
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whose relationship to or association with the defendant is |
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described by Section 71.0021(b), 71.003, or 71.005, Family Code, if |
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the defendant was adjudged guilty of the offense or entered a plea |
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of guilty or nolo contendere in return for a grant of deferred |
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adjudication, regardless of whether the sentence for the offense |
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was ever imposed or whether the sentence was probated and the |
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defendant was subsequently discharged from community supervision; |
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and |
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(2) a conviction under the laws of another state for an |
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offense containing elements that are substantially similar to the |
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elements of an offense listed in those subsections is a conviction |
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of the offense listed. |
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SECTION 6. 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 7. This Act takes effect September 1, 2015. |