88R10986 SHH-D
 
  By: Cook H.B. No. 2577
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the offense of indecent exposure;
  increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.08, Penal Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  An offense under this section is a Class A [B]
  misdemeanor, except that the offense is a state jail felony if it is
  shown on the trial of the offense that the defendant has been
  previously convicted of an offense under this section.
         (c)  For purposes of Subsection (b):
               (1)  a defendant has been previously convicted under
  this section if the defendant was adjudged guilty of the offense or
  entered a plea of guilty or nolo contendere in return for a grant of
  deferred adjudication community supervision, regardless of whether
  a sentence for the offense was ever imposed on conviction or whether
  the defendant successfully completed a period of supervision in
  relation to the offense; and
               (2)  a conviction under the laws of another state for an
  offense containing elements that are substantially similar to the
  elements of an offense under this section is a conviction of an
  offense under this section.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2023.