By Combs H.B. No. 296
74R2583 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment of habitual state jail felony offenders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 12.42(a) and (e), Penal Code, are
1-5 amended to read as follows:
1-6 (a)(1) If it is shown on the trial of a state jail felony
1-7 other than a state jail felony punishable under Section 12.35(c)
1-8 that the defendant has previously been convicted two or more times
1-9 of a state jail felony other than a state jail felony punished
1-10 under Section 12.35(c), on conviction he shall be punished for a
1-11 third-degree felony.
1-12 (2) If it is shown on the trial of a state jail felony
1-13 punishable under Section 12.35(c) or on the trial of a third-degree
1-14 felony that the defendant has been once before convicted of a
1-15 felony, on conviction he shall be punished for a second-degree
1-16 felony.
1-17 (e)(1) A previous conviction for a state jail felony other
1-18 than a state jail felony punished under Section 12.35(c) may be
1-19 used for enhancement purposes only under Subsection (a)(1).
1-20 (2) A previous conviction for a state jail felony <may
1-21 be used for enhancement purposes under this section only if the
1-22 defendant was> punished <for the offense> under Section 12.35(c)
1-23 may be used for enhancement purposes only under Subsection (a)(2),
1-24 (b), (c), or (d).
2-1 SECTION 2. (a) The change in law made by this Act applies
2-2 only to an offense committed on or after the effective date of this
2-3 Act. For purposes of this section, an offense is committed before
2-4 the effective date of this Act if any element of the offense occurs
2-5 before the effective date.
2-6 (b) An offense committed before the effective date of this
2-7 Act is covered by the law in effect when the offense was committed,
2-8 and the former law is continued in effect for that purpose.
2-9 SECTION 3. This Act takes effect September 1, 1995.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.