By Danburg                                             H.B. No. 539
       74R3500 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment for certain repeat violent offenders.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 12.42, Penal Code, is amended by amending
    1-5  Subsections (b) and (c) and by adding Subsection (f) to read as
    1-6  follows:
    1-7        (b)  Except as provided by Subsection (f), if <If> it is
    1-8  shown on the trial of a second-degree felony that the defendant has
    1-9  been once before convicted of a felony, on conviction he shall be
   1-10  punished for a first-degree felony.
   1-11        (c)  Except as provided by Subsection (f), if <If> it is
   1-12  shown on the trial of a first-degree felony that the defendant has
   1-13  been once before convicted of a felony, on conviction he shall be
   1-14  punished by imprisonment in the institutional division of the Texas
   1-15  Department of Criminal Justice for life, or for any term of not
   1-16  more than 99 years or less than 15 years.  In addition to
   1-17  imprisonment, an individual may be punished by a fine not to exceed
   1-18  $10,000.
   1-19        (f)  If it is shown on the trial of a second-degree or
   1-20  first-degree felony listed in Section 3g(a)(1)(D), (E), or (F),
   1-21  Article 42.12, Code of Criminal Procedure, or a second-degree or
   1-22  first-degree felony for which the judgment will contain an
   1-23  affirmative finding under Section 3g(a)(2), Article 42.12, that the
   1-24  defendant has been once before convicted of a felony listed in
    2-1  Section 3g(a)(1), Article 42.12, or a felony for which the judgment
    2-2  contains an affirmative finding under Section 3g(a)(2), Article
    2-3  42.12, on conviction the defendant shall be punished by:
    2-4              (1)  imprisonment in the institutional division for
    2-5  life, or for any term of not more than 99 years or less than 20
    2-6  years; and
    2-7              (2)  a fine not to exceed $10,000.
    2-8        SECTION 2.  (a)  The change in law made by this Act applies
    2-9  only to an offense committed on or after the effective date of this
   2-10  Act.  For purposes of this section, an offense is committed before
   2-11  the effective date of this Act if any element of the offense occurs
   2-12  before the effective date.
   2-13        (b)  An offense committed before the effective date of this
   2-14  Act is covered by the law in effect when the offense was committed,
   2-15  and the former law is continued in effect for this purpose.
   2-16        SECTION 3.  This Act takes effect September 1, 1995.
   2-17        SECTION 4.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.