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A BILL TO BE ENTITLED
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AN ACT
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relating to the construction of certain statutes and rules that |
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create or define criminal offenses and penalties and a review of |
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certain penal laws of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 311, Government Code, is |
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amended by adding Section 311.035 to read as follows: |
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Sec. 311.035. CONSTRUCTION OF STATUTE OR RULE INVOLVING |
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CRIMINAL OFFENSE OR PENALTY. (a) In this section, "actor" and |
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"element of offense" have the meanings assigned by Section 1.07, |
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Penal Code. |
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(b) Except as provided by Subsection (c), a statute or rule |
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that creates or defines a criminal offense or penalty shall be |
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construed in favor of the actor if any part of the statute or rule is |
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ambiguous on its face or as applied to the case, including: |
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(1) an element of offense; or |
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(2) the penalty to be imposed. |
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(c) Subsection (b) does not apply to a criminal offense or |
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penalty under the Penal Code or under the Texas Controlled |
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Substances Act. |
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(d) The ambiguity of a part of a statute or rule to which |
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this section applies is a matter of law to be resolved by the judge. |
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SECTION 2. (a) A commission is created to study and review |
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all penal laws of this state other than criminal offenses: |
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(1) under the Penal Code; |
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(2) under Chapter 481, Health and Safety Code; or |
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(3) related to the operation of a motor vehicle. |
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(b) The commission shall: |
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(1) evaluate all laws described by Subsection (a) of |
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this section; and |
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(2) make recommendations to the legislature regarding |
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the repeal of laws that are identified as being unnecessary, |
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unclear, duplicative, overly broad, or otherwise insufficient to |
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serve the intended purpose of the law. |
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(c) The commission is composed of nine members appointed as |
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follows: |
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(1) two members appointed by the governor; |
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(2) two members appointed by the lieutenant governor; |
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(3) two members appointed by the speaker of the house |
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of representatives; |
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(4) two members appointed by the chief justice of the |
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Supreme Court of Texas; and |
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(5) one member appointed by the presiding judge of the |
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Texas Court of Criminal Appeals. |
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(d) The officials making appointments to the commission |
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under Subsection (c) of this section shall ensure that the |
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membership of the commission includes representatives of all areas |
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of the criminal justice system, including prosecutors, defense |
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attorneys, judges, legal scholars, and relevant business |
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interests. |
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(e) The governor shall designate one member of the |
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commission to serve as the presiding officer of the commission. |
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(f) A member of the commission is not entitled to |
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compensation or reimbursement of expenses. |
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(g) The commission shall meet at the call of the presiding |
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officer. |
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(h) Not later than November 1, 2016, the commission shall |
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report the commission's findings and recommendations to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, the Supreme Court of Texas, the Texas Court of |
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Criminal Appeals, and the standing committees of the house of |
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representatives and the senate with primary jurisdiction over |
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criminal justice. The commission shall include in its |
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recommendations any specific statutes that the commission |
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recommends revising or repealing. |
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(i) Not later than November 1, 2015, the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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the chief justice of the Supreme Court of Texas, and the presiding |
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judge of the Texas Court of Criminal Appeals shall appoint the |
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members of the commission created under this section. |
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(j) The commission is abolished and this section expires |
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December 31, 2016. |
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SECTION 3. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences 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 proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |
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