By Kubiak                                              H.B. No. 933
       74R1096 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment for a person convicted of a state jail
    1-3  felony.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 15(a)-(d), Article 42.12, Code of
    1-6  Criminal Procedure, as added by Chapter 900, Acts of the 73rd
    1-7  Legislature, Regular Session, 1993, are amended to read as follows:
    1-8        (a)  On conviction of a state jail felony, the judge shall
    1-9  suspend the imposition of the sentence of confinement and place the
   1-10  defendant on community supervision, unless the defendant has
   1-11  previously been convicted of a felony, in which event the judge may
   1-12  place the defendant on community supervision.  The judge may
   1-13  suspend in whole or in part the imposition of any fine imposed on
   1-14  conviction.
   1-15        (b)  The minimum period of community supervision a judge may
   1-16  impose under this section is two years.  The maximum period of
   1-17  community supervision a judge may impose under this section is five
   1-18  years, unless the defendant has previously been convicted of a
   1-19  felony, in which event the maximum period of community supervision
   1-20  the judge may impose is 10 years.  A judge may extend a period of
   1-21  community supervision under this section at any time during the
   1-22  period of community supervision, or if a motion for revocation of
   1-23  community supervision is filed before the period of community
   1-24  supervision ends, before the first anniversary of the expiration of
    2-1  the period of community supervision.
    2-2        (c)  A judge may impose any condition of community
    2-3  supervision on a defendant that the judge could impose on a
    2-4  defendant placed on supervision for an offense other than a state
    2-5  jail felony, except that the judge may not impose on the defendant
    2-6  a condition that the defendant submit to a period of confinement in
    2-7  a county jail under Section 12 of this article <only if the term
    2-8  does not exceed 30 days, or does not exceed 60 days if the
    2-9  defendant previously has been convicted of a felony>.
   2-10        (d)  A judge shall <may> impose as a condition of community
   2-11  supervision that a defendant submit at the beginning of the period
   2-12  of community supervision to a term of confinement in a state jail
   2-13  felony facility for a term not to exceed 60 days, or <180 days if
   2-14  the defendant previously has been convicted of a felony, or> one
   2-15  year if the defendant is convicted of an offense punishable as a
   2-16  state jail felony under Section 481.112, Health and Safety Code, or
   2-17  the defendant previously has been convicted of a felony <two or
   2-18  more felonies>.  <A judge may not require a defendant to submit to
   2-19  both the term of confinement authorized by this subsection and a
   2-20  term of confinement under Section 12 of this article.>  For the
   2-21  purposes of this subsection, a defendant previously has been
   2-22  convicted of a felony regardless of whether the sentence for the
   2-23  previous conviction was actually imposed or was probated and
   2-24  suspended.
   2-25        SECTION 2.  Sections 12.42(a) and (e), Penal Code, are
   2-26  amended to read as follows:
   2-27        (a)(1)  If it is shown on the trial of a state jail felony
    3-1  punishable under Section 12.35(a) that the defendant has previously
    3-2  been convicted of two felonies at least one of which is punishable
    3-3  under Section 12.35(a), and the second previous conviction is for
    3-4  an offense that occurred subsequent to the judgment for the first
    3-5  previous conviction having been entered, on conviction he shall be
    3-6  punished for a third-degree felony.
    3-7              (2)  If it is shown on the trial of a state jail felony
    3-8  punishable under Section 12.35(c) or on the trial of a third-degree
    3-9  felony that the defendant has been once before convicted of a
   3-10  felony, on conviction he shall be punished for a second-degree
   3-11  felony.
   3-12        (e)  A previous conviction for a state jail felony punishable
   3-13  under Section 12.35(a) may be used for enhancement purposes only
   3-14  under Subsection (a)(1).  A previous conviction for a state jail
   3-15  felony punishable under Section 12.35(c) may be used for
   3-16  enhancement purposes under Subsections (a), (b), (c), and (d) <this
   3-17  section only if the defendant was punished for the offense under
   3-18  Section 12.35(c)>.
   3-19        SECTION 3.  (a)  The change in law made by this Act applies
   3-20  only to the punishment for an offense committed on or after the
   3-21  effective date of this Act.  For purposes of this section, an
   3-22  offense is committed before the effective date of this Act if any
   3-23  element of the offense occurs before the effective date.
   3-24        (b)  The punishment for an offense committed before the
   3-25  effective date of this Act is covered by the law in effect when the
   3-26  offense was committed, and the former law is continued in effect
   3-27  for that purpose.
    4-1        SECTION 4.  This Act takes effect September 1, 1995.
    4-2        SECTION 5.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.