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AN ACT
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relating to a determination of value for purposes of punishment of |
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the offense of abuse of official capacity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.02, Penal Code, is amended by adding |
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Subsections (e) and (f) to read as follows: |
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(e) If separate transactions that violate Subsection (a)(2) |
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are conducted pursuant to one scheme or continuing course of |
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conduct, the conduct may be considered as one offense and the value |
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of the use of the things misused in the transactions may be |
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aggregated in determining the classification of the offense. |
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(f) The value of the use of a thing of value misused under |
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Subsection (a)(2) may not exceed: |
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(1) the fair market value of the thing at the time of |
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the offense; or |
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(2) if the fair market value of the thing cannot be |
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ascertained, the cost of replacing the thing within a reasonable |
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time after the offense. |
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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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covered by the law in effect when 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 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 828 passed the Senate on |
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April 2, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 11, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 828 passed the House, with |
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amendment, on May 7, 2009, by the following vote: Yeas 143, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |