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.