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AN ACT
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relating to punishment for certain offenses committed in a disaster |
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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. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.50 to read as follows: |
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Sec. 12.50. PENALTY IF OFFENSE COMMITTED IN DISASTER AREA |
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OR EVACUATED AREA. (a) Subject to Subsection (c), the punishment |
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for an offense described by Subsection (b) is increased to the |
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punishment prescribed for the next higher category of offense if it |
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is shown on the trial of the offense that the offense was committed |
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in an area that was, at the time of the offense: |
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(1) subject to a declaration of a state of disaster |
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made by: |
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(A) the president of the United States under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.); |
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(B) the governor under Section 418.014, |
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Government Code; or |
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(C) the presiding officer of the governing body |
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of a political subdivision under Section 418.108, Government Code; |
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or |
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(2) subject to an emergency evacuation order. |
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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 29.02; |
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(3) Section 30.02; and |
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(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 offense |
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listed under Subsection (b)(3) or (4) is punishable as a felony of |
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the first degree, the punishment for that offense may not be |
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increased under this section. |
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(d) It is a defense to a charge under Subsection (b)(4) that |
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the conduct in question meets the elements of necessity outlined in |
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Section 9.22. |
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(e) For purposes of this section, "emergency evacuation |
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order" means an official statement issued by the governing body of |
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this state or a political subdivision of this state to recommend or |
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require the evacuation of all or part of the population of an area |
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stricken or threatened with a disaster. |
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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 at the time 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, 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. 359 passed the Senate on |
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April 9, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 28, 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. 359 passed the House, with |
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amendment, on May 19, 2009, by the following vote: Yeas 142, |
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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 |