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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalties for certain offenses |
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committed in a disaster area or an evacuated area. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 12.50(b), (c), and (d), Penal Code, are |
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amended to read as follows: |
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(b) The increase in punishment authorized by this section |
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applies only to an offense under: |
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(1) Section 22.01; |
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(2) Section 28.02; |
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(3) Section 29.02; |
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(4) [(3)] Section 30.02; |
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(5) Section 30.03; |
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(6) Section 30.04; and |
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(7) [(4)] Section 31.03. |
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(c) [If an offense listed under Subsection (b)(1) or (4) is
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punishable as a Class A misdemeanor, the minimum term of
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confinement for the offense is increased to 180 days.] If an |
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offense listed under Subsection (b)(2), [(b)(3) or] (4), or (7) is |
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punishable as a felony of the first degree, the punishment for that |
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offense may not be increased under this section. |
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(d) It is a defense to a charge under Subsection (b)(7) |
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[(b)(4)] that the conduct in question meets the elements of |
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necessity outlined in Section 9.22. |
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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 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 was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |