AEZ H.B. 89 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE H.B. 89 By: Talton 4-17-97 Committee Report (Unamended) BACKGROUND Many convicted felons once paroled have returned to our prison system multiple times for committing various felony offenses. A number of these offenses are state jail felony offenses. In 919 S.W. 2d 86, State of Texas vs. Mancuso, the defendants' state jail felonies could not be used for enhancement purposes under the habitual offender statute. PURPOSE HB 89, as proposed, would require that persons convicted three times of a felony offense, including state jail felonies, would be sentenced to life in prison, or for a term of no more than 99 years and no less than 25 years. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1.Amends Section 12.42 (d) (1), Penal Code, by eliminating the provision that excludes those convicted of a state jail felony under Section 12.35 (a). SECTION 2.The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. SECTION 3. Effective Date: September 1, 1997 SECTION 4. Emergency Clause.