By: Shelley S.B. No. 1052
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment provided for felonies of the third
1-2 degree.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 12.34, Penal Code, is
1-5 amended to read as follows:
1-6 (a) An individual adjudged guilty of a felony of the third
1-7 degree shall be punished by<:>
1-8 <(1)> confinement in the institutional division of the
1-9 Texas Department of Criminal Justice for any term of not more than
1-10 10 years or less than 2 years<; or>
1-11 <(2) confinement in a community correctional facility
1-12 for any term of not more than 1 year>.
1-13 SECTION 2. Section 12.44, Penal Code, is amended by adding
1-14 Subsection (c) to read as follows:
1-15 (c) When a court imposes punishment as provided in
1-16 Subsection (a) or (b) of this section and that punishment includes
1-17 any term of confinement in jail, the court may authorize discharge
1-18 of the term of confinement in jail or any portion thereof by the
1-19 defendant's participation in any program operated by the community
1-20 supervision and corrections department serving the district in
1-21 which the offense was committed.
1-22 SECTION 3. This Act takes effect September 1, 1993.
1-23 SECTION 4. (a) The change in law made by this Act applies
2-1 only to an offense committed on or after the effective date of this
2-2 Act. For purposes of this section, an offense is committed before
2-3 the effective date of this Act if any element of the offense occurs
2-4 before that date.
2-5 (b) An offense committed before the effective date of this
2-6 Act is covered by the law in effect when the offense was committed,
2-7 and the former law is continued in effect for this purpose.
2-8 SECTION 5. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.