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A BILL TO BE ENTITLED
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AN ACT
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relating to civil or criminal liability for leaving certain animals |
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unattended in or removing certain individuals or animals from a |
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motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 92A to read as follows: |
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CHAPTER 92A. LIMITATION OF LIABILITY FOR REMOVING CERTAIN |
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INDIVIDUALS OR ANIMALS FROM MOTOR VEHICLE |
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Sec. 92A.001. DEFINITIONS. In this chapter: |
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(1) "Domestic animal" means a dog, cat, or other |
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domesticated animal that may be kept as a household pet. The term |
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does not include a livestock animal, as defined by Section 87.001. |
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(2) "Motor vehicle" means a vehicle that is |
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self-propelled or a trailer or semitrailer designed for use with a |
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self-propelled vehicle. |
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(3) "Vulnerable individual" means an individual who by |
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reason of age or physical or mental disease, defect, or injury is |
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substantially unable to protect the individual's self from harm. |
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Sec. 92A.002. LIMITATION OF LIABILITY. A person who, by |
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force or otherwise, enters a motor vehicle for the purpose of |
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removing a vulnerable individual or a domestic animal from the |
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vehicle is immune from civil liability for damages resulting from |
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that entry or removal if the person: |
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(1) determines that: |
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(A) the motor vehicle is locked; or |
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(B) there is no reasonable method for the |
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individual or animal to exit the motor vehicle without assistance; |
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(2) has a good faith and reasonable belief, based on |
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known circumstances, that entry into the motor vehicle is necessary |
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to avoid imminent harm to the individual or animal; |
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(3) before entering the motor vehicle, ensures that |
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law enforcement is notified or 911 is called if the person is not a |
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law enforcement officer or other first responder; |
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(4) uses no more force to enter the motor vehicle than |
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is necessary; |
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(5) remains with the individual or animal in a safe |
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location that is in reasonable proximity to the motor vehicle until |
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a law enforcement officer or other first responder arrives or, if |
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based on known circumstances the person has a good faith and |
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reasonable belief that it is necessary to remove the individual or |
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animal from the vicinity of the vehicle, leaves in a secure and |
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conspicuous location on or within the vehicle written notice that |
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provides the person's name and information and is otherwise |
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sufficient to allow the individual or animal to be easily located; |
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and |
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(6) in the case of an animal, as soon as practicable |
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surrenders the animal to: |
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(A) another person that the person reasonably |
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believes is the animal's owner or caregiver; or |
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(B) a law enforcement officer or other first |
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responder. |
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Sec. 92A.003. EFFECT ON OTHER LAWS. This chapter does not |
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affect limitation under Section 74.151 or 74.152 of a person's |
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liability for good faith administration of emergency care. |
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SECTION 2. Chapter 9, Penal Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. PROTECTION OF CERTAIN INDIVIDUALS OR ANIMALS IN |
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MOTOR VEHICLES |
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Sec. 9.71. DEFINITIONS. In this subchapter: |
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(1) "Animal" and "motor vehicle" have the meanings |
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assigned by Section 42.092. |
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(2) "Vulnerable individual" means an individual who by |
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reason of age or physical or mental disease, defect, or injury is |
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substantially unable to protect the individual's self from harm. |
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Sec. 9.72. JUSTIFIED REMOVAL OF INDIVIDUAL OR ANIMAL FROM |
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MOTOR VEHICLE. A person's conduct is justified when the actor, by |
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force or otherwise, enters a motor vehicle for the purpose of |
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removing a vulnerable individual or an animal from the vehicle if |
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the actor: |
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(1) determines that: |
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(A) the motor vehicle is locked; or |
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(B) there is no reasonable method for the |
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individual or animal to exit the motor vehicle without assistance; |
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(2) has a good faith and reasonable belief, based on |
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known circumstances, that entry into the motor vehicle is necessary |
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to avoid imminent harm to the individual or animal; |
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(3) before entering the motor vehicle, ensures that |
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law enforcement is notified or 911 is called if the person is not a |
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law enforcement officer or other first responder; |
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(4) uses no more force to enter the motor vehicle than |
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is necessary; |
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(5) remains with the individual or animal in a safe |
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location that is in reasonable proximity to the motor vehicle until |
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a law enforcement officer or other first responder arrives or, if |
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based on known circumstances the actor has a good faith and |
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reasonable belief that it is necessary to remove the individual or |
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animal from the vicinity of the vehicle, leaves in a secure and |
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conspicuous location on or within the vehicle written notice that |
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provides the actor's name and information and is otherwise |
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sufficient to allow the individual or animal to be easily located; |
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and |
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(6) in the case of an animal, as soon as practicable |
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surrenders the animal to: |
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(A) a person that the actor reasonably believes |
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is the animal's owner or caregiver; or |
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(B) a law enforcement officer or other first |
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responder. |
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SECTION 3. Section 22.10, Penal Code, is amended to read as |
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follows: |
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Sec. 22.10. LEAVING A CHILD OR NONLIVESTOCK ANIMAL IN A |
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VEHICLE. (a) A person commits an offense if the person [he] |
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intentionally or knowingly leaves a child or animal in a motor |
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vehicle for longer than five minutes and, as applicable, knows[,
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knowing] that: |
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(1) the child is: |
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(A) [(1)] younger than seven years of age; and |
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(B) [(2)] not attended by an individual in the |
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vehicle who is 14 years of age or older; or |
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(2) the animal is: |
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(A) not attended by an individual in the vehicle |
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who is 14 years of age or older; and |
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(B) exposed to harm, including harm caused by |
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temperature or lack of ventilation, while being confined in the |
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vehicle. |
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(b) An offense under this section is a Class C misdemeanor. |
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(c) To the extent that a local ordinance, rule, or |
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regulation adopted by a political subdivision of this state |
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prohibits or restricts leaving in a motor vehicle an unaccompanied |
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animal to a greater degree than this section: |
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(1) Section 1.08 does not apply to the ordinance, |
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rule, or regulation; and |
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(2) the ordinance, rule, or regulation is not |
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preempted or superseded by this section. |
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(d) In this section, "animal" has the meaning assigned by |
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Section 42.092. |
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SECTION 4. Section 42.092(a), Penal Code, is amended by |
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adding Subdivision (6-a) to read as follows: |
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(6-a) "Motor vehicle" means a vehicle that is |
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self-propelled or a trailer or semitrailer designed for use with a |
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self-propelled vehicle. |
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SECTION 5. Sections 42.092(b) and (c), Penal Code, are |
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amended to read as follows: |
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(b) A person commits an offense if the person intentionally, |
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knowingly, or recklessly: |
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(1) tortures an animal or in a cruel manner kills or |
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causes serious bodily injury to an animal; |
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(2) without the owner's effective consent, kills, |
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administers poison to, or causes serious bodily injury to an |
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animal; |
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(3) fails unreasonably to provide necessary food, |
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water, care, or shelter for an animal in the person's custody; |
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(4) abandons unreasonably an animal in the person's |
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custody; |
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(5) transports or confines an animal in a cruel |
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manner; |
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(6) without the owner's effective consent, causes |
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bodily injury to an animal; |
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(7) causes one animal to fight with another animal, if |
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either animal is not a dog; |
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(8) uses a live animal as a lure in dog race training |
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or in dog coursing on a racetrack; [or] |
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(9) seriously overworks an animal; or |
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(10) leaves an animal unattended in a motor vehicle |
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under circumstances that expose the animal to life-threatening heat |
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or cold without providing proper protection for the animal. |
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(c) An offense under Subsection (b)(3), (4), (5), (6), [or] |
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(9), or (10) is a Class A misdemeanor, except that the offense is a |
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state jail felony if the person has previously been convicted two |
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times under this section, two times under Section 42.09, or one time |
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under this section and one time under Section 42.09. An offense |
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under Subsection (b)(1), (2), (7), or (8) is a state jail felony, |
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except that the offense is a felony of the third degree if the |
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person has previously been convicted two times under this section, |
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two times under Section 42.09, or one time under this section and |
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one time under Section 42.09. |
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SECTION 6. (a) Chapter 92A, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. |
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(b) The change in law made by this Act by adding Subchapter |
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G, Chapter 9, Penal Code, and amending Sections 22.10 and 42.092, |
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Penal Code, applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this subsection, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |