By Brown                                               S.B. No. 137
       74R1470 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment for repeat and habitual state jail
    1-3  felony offenders.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 12.42(a) and (e), Penal Code, are
    1-6  amended to read as follows:
    1-7        (a)(1)  If it is shown on the trial of a state jail felony
    1-8  punishable under Section 12.35(a) that the defendant has been once
    1-9  before convicted of any felony, on conviction he shall be punished
   1-10  for a third-degree felony.  If it is shown on the trial of a state
   1-11  jail felony punishable under Section 12.35(a) that the defendant
   1-12  has previously been convicted of two felonies at least one of which
   1-13  is punishable under Section 12.35(a), and the second previous
   1-14  conviction is for an offense that occurred subsequent to the
   1-15  judgment for the first previous conviction having been entered, on
   1-16  conviction he shall be punished for a second-degree felony.
   1-17              (2)  If it is shown on the trial of a state jail felony
   1-18  punishable under Section 12.35(c) or on the trial of a third-degree
   1-19  felony that the defendant has been once before convicted of a
   1-20  felony, on conviction he shall be punished for a second-degree
   1-21  felony.
   1-22        (e)  A previous conviction for a state jail felony punishable
   1-23  under Section 12.35(a) may be used for enhancement purposes only
   1-24  under Subsection (a)(1).  A previous conviction for a state jail
    2-1  felony punishable under Section 12.35(c) may be used for
    2-2  enhancement purposes under Subsections (a), (b), (c), and (d) <this
    2-3  section only if the defendant was punished for the offense under
    2-4  Section 12.35(c)>.
    2-5        SECTION 2.  Section 15(d), Article 42.12, Code of Criminal
    2-6  Procedure, as amended by Chapter 900, Acts of the 73rd Legislature,
    2-7  Regular Session, 1993, is amended to read as follows:
    2-8        (d)  A judge may impose as a condition of community
    2-9  supervision that a defendant submit at the beginning of the period
   2-10  of community supervision to a term of confinement in a state jail
   2-11  felony facility for a term not to exceed 60 days, <or 180 days if
   2-12  the defendant previously has been convicted of a felony,> or one
   2-13  year if the defendant is convicted of an offense punishable as a
   2-14  state jail felony under Section 481.112, Health and Safety Code<,
   2-15  or the defendant previously has been convicted of two or more
   2-16  felonies>.  A judge may not require a defendant to submit to both
   2-17  the term of confinement authorized by this subsection and a term of
   2-18  confinement under Section 12 of this article.  <For the purposes of
   2-19  this subsection, a defendant previously has been convicted of a
   2-20  felony regardless of whether the sentence for the previous
   2-21  conviction was actually imposed or was probated and suspended>.
   2-22        SECTION 3.  (a)  The change in law made by this Act applies
   2-23  only to the punishment for an offense committed on or after the
   2-24  effective date of this Act.  For purposes of this section, an
   2-25  offense is committed before the effective date of this Act if any
   2-26  element of the offense occurs before the effective date.
   2-27        (b)  The punishment for an offense committed before the
    3-1  effective date of this Act is covered by the law in effect when the
    3-2  offense was committed, and the former law is continued in effect
    3-3  for that purpose.
    3-4        SECTION 4.  This Act takes effect September 1, 1995.
    3-5        SECTION 5.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.