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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the punishment for certain persons convicted |
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of the offense of possession or promotion of child pornography. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 43.26(d) and (g), Penal Code, are |
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amended to read as follows: |
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(d) An offense under Subsection (a) is a felony of the third |
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degree, except that the offense is: |
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(1) a felony of the second degree if it is shown on the |
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trial of the offense that the person has been previously convicted |
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one time of an offense under that subsection; and |
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(2) a felony of the first degree if it is shown on the |
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trial of the offense that the person has been previously convicted |
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two or more times of an offense under that subsection. |
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(g) An offense under Subsection (e) is a felony of the |
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second degree, except that the offense is a felony of the first |
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degree if it is shown on the trial of the offense that the person has |
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been previously convicted of an offense under that subsection. |
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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 occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |