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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offenses of reckless driving and |
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racing on a highway and to the forfeiture of contraband relating to |
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that conduct; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Olivia's Law. |
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SECTION 2. (a) Article 59.01(2), Code of Criminal |
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Procedure, as effective until January 1, 2022, is amended to read as |
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follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
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Code; |
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(iii) any felony under Chapter 43, Penal |
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Code, except as provided by Paragraph (B); |
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(iv) any felony under The Securities Act |
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(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
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(v) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 151, Finance |
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Code; |
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(iv) any felony under Chapter 20A or 34, |
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Penal Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves a health care program, as defined by Section 35A.01, Penal |
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Code; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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Code; |
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(x) any offense under Section 46.06(a)(1) |
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or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
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Code; |
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(xii) any offense under Section 20.05, |
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20.06, 20.07, 43.04, or 43.05, Penal Code; [or] |
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(xiii) an offense under Section 326.002, |
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Business & Commerce Code; or |
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(xiv) a Class A misdemeanor or any felony |
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under Section 545.401 or 545.420, Transportation Code, if the |
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defendant has been previously convicted three or more times of an |
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offense under either section; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) |
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of this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
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(xi), or (xii) of this subdivision, or a crime of violence; |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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Chapter 43, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of an offense under Section 20.05, 20.06, |
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or 20.07 or Chapter 20A, Penal Code. |
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(b) Article 59.01(2), Code of Criminal Procedure, as |
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effective January 1, 2022, is amended to read as follows: |
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|
(2) "Contraband" means property of any nature, |
|
|
including real, personal, tangible, or intangible, that is: |
|
|
(A) used in the commission of: |
|
|
(i) any first or second degree felony under |
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|
the Penal Code; |
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|
(ii) any felony under Section 15.031(b), |
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|
21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
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|
Code; |
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|
(iii) any felony under Chapter 43, Penal |
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|
Code, except as provided by Paragraph (B); |
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(iv) any felony under The Securities Act |
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(Title 12, Government Code); or |
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(v) any offense under Chapter 49, Penal |
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|
Code, that is punishable as a felony of the third degree or state |
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|
jail felony, if the defendant has been previously convicted three |
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|
times of an offense under that chapter; |
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|
(B) used or intended to be used in the commission |
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|
of: |
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|
(i) any felony under Chapter 481, Health |
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|
and Safety Code (Texas Controlled Substances Act); |
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|
(ii) any felony under Chapter 483, Health |
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|
and Safety Code; |
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|
(iii) a felony under Chapter 151, Finance |
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|
Code; |
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|
(iv) any felony under Chapter 20A or 34, |
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Penal Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
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|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
|
involves a health care program, as defined by Section 35A.01, Penal |
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|
Code; |
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|
(vii) a Class B misdemeanor under Chapter |
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|
522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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|
Code; |
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(x) any offense under Section 46.06(a)(1) |
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|
or 46.14, Penal Code; |
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|
(xi) any offense under Chapter 71, Penal |
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|
Code; |
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|
(xii) any offense under Section 20.05, |
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|
20.06, 20.07, 43.04, or 43.05, Penal Code; [or] |
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|
(xiii) an offense under Section 326.002, |
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|
Business & Commerce Code; or |
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|
(xiv) a Class A misdemeanor or any felony |
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|
under Section 545.401 or 545.420, Transportation Code, if the |
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|
defendant has been previously convicted three or more times of an |
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|
offense under either section; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) |
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of this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
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(xi), or (xii) of this subdivision, or a crime of violence; |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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Chapter 43, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of an offense under Section 20.05, 20.06, |
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or 20.07 or Chapter 20A, Penal Code. |
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SECTION 3. Section 545.401, Transportation Code, is amended |
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by adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) There is a rebuttable presumption that the registered |
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owner of the motor vehicle is the person operating the vehicle at |
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the time an offense under this section occurred. |
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(b) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the person has |
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been previously convicted under this section [punishable by: |
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[(1) a fine not to exceed $200; |
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[(2) confinement in county jail for not more than 30 |
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days; or |
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[(3) both the fine and the confinement]. |
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SECTION 4. Section 545.420, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) There is a rebuttable presumption that the registered |
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owner of the motor vehicle is the person operating the vehicle at |
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the time an offense under this section occurred. |
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SECTION 5. Subchapter C, Chapter 1001, Education Code, is |
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amended by adding Section 1001.113 to read as follows: |
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Sec. 1001.113. INFORMATION RELATING TO STREET RACING. The |
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commission by rule shall require that information relating to the |
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dangers and consequences of street racing in violation of Section |
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545.420, Transportation Code, be included in the curriculum of each |
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driver education and driving safety course. |
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SECTION 6. (a) Not later than March 1, 2022, the Texas |
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Commission of Licensing and Regulation shall adopt the rules |
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required by Section 1001.113, Education Code, as added by this Act. |
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(b) Not later than September 1, 2022, each provider of a |
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driver education course or driving safety course shall submit the |
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curriculum adopted pursuant to Section 1001.113, Education Code, as |
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added by this Act, to the Texas Commission of Licensing and |
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Regulation for approval. |
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SECTION 7. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2021. |