SRC-CDH H.B. 89 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 89
By: Talton (Patterson)
Criminal Justice
5-13-97
Engrossed


DIGEST 

Many convicted felons, once paroled, return to the Texas prison system
multiple times for committing various felony offenses.  A number of these
offenses are state jail felony offenses. However, in  State of Texas vs.
Mancusco, state jail felonies could not be used for enhancement purposes
under the habitual offender statute.  H.B. 89 would require that persons
convicted three times of felony offenses, including state jail felonies,
be sentenced to life in prison, or for a term of no more than 99 years and
no less than 25 years.   

PURPOSE

As proposed, H.B. 89 establishes the applicability of habitual offender
punishment provisions to certain defendants convicted of state jail
felonies. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.42(d)(1), Penal Code, to require a defendant
who is shown on the trial of a felony offense to have been previously
convicted of two felony offenses and the second previous felony conviction
is for an offense that occurred subsequent to the first previous
conviction having become final, to be punished on conviction by
imprisonment in the institutional division of the Texas Department of
Criminal Justice for life, or for any term of not more than 99 years or
less than 25 years.  Deletes existing text making an exception for certain
state jail felonies. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date:  September 1, 1997.

SECTION 4. Emergency clause.