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.