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.