By Nixon H.B. No. 174
75R529 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of a state jail felony conviction to enhance
1-3 the punishment for subsequent felony offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.42, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
1-8 OFFENDERS. (a)(1) If it is shown on the trial of a state jail
1-9 felony punishable under Section 12.35(a) that the defendant has
1-10 previously been finally convicted of two state jail felonies, on
1-11 conviction the defendant shall be punished for a third-degree
1-12 felony.
1-13 (2) If it is shown on the trial of a state jail felony
1-14 punishable under Section 12.35(a) that the defendant has previously
1-15 been finally convicted of two felonies, and the second previous
1-16 felony conviction is for an offense that occurred subsequent to the
1-17 first previous conviction having become final, on conviction the
1-18 defendant shall be punished for a second-degree felony.
1-19 (3) If it is shown on the trial of a state jail felony
1-20 punishable under Section 12.35(c) or on the trial of a third-degree
1-21 felony that the defendant has been once before convicted of a
1-22 felony, on conviction he shall be punished for a second-degree
1-23 felony.
1-24 (b) If it is shown on the trial of a second-degree felony
2-1 that the defendant has been once before convicted of a felony, on
2-2 conviction he shall be punished for a first-degree felony.
2-3 (c) If it is shown on the trial of a first-degree felony
2-4 that the defendant has been once before convicted of a felony, on
2-5 conviction he shall be punished by imprisonment in the
2-6 institutional division of the Texas Department of Criminal Justice
2-7 for life, or for any term of not more than 99 years or less than 15
2-8 years. In addition to imprisonment, an individual may be punished
2-9 by a fine not to exceed $10,000.
2-10 (d)(1) If it is shown on the trial of a felony offense other
2-11 than a state jail felony punishable under Section 12.35(a) that the
2-12 defendant has previously been finally convicted of two felony
2-13 offenses, and the second previous felony conviction is for an
2-14 offense that occurred subsequent to the first previous conviction
2-15 having become final, on conviction he shall be punished by
2-16 imprisonment in the institutional division of the Texas Department
2-17 of Criminal Justice for life, or for any term of not more than 99
2-18 years or less than 25 years.
2-19 (2) A defendant shall be punished by imprisonment in
2-20 the institutional division for life if:
2-21 (A) the defendant is convicted of an offense:
2-22 (i) under Section 22.021, Penal Code;
2-23 (ii) under Section 20.04(a)(4), Penal
2-24 Code, if the defendant committed the offense with the intent to
2-25 violate or abuse the victim sexually; or
2-26 (iii) under Section 30.02, Penal Code,
2-27 punishable under Subsection (d) of that section, if the defendant
3-1 committed the offense with the intent to commit a felony described
3-2 by Subparagraph (i) or (ii) or a felony under Section 21.11 or
3-3 22.011, Penal Code; and
3-4 (B) the defendant has been previously convicted
3-5 of two felony offenses, at least one of which is an offense:
3-6 (i) under Section 43.25 or 43.26, Penal
3-7 Code;
3-8 (ii) under Section 21.11, 22.011, 22.021,
3-9 or 25.02, Penal Code;
3-10 (iii) under Section 20.04(a)(4), Penal
3-11 Code, if the defendant committed the offense with the intent to
3-12 violate or abuse the victim sexually; or
3-13 (iv) under Section 30.02, Penal Code,
3-14 punishable under Subsection (d) of that section, if the defendant
3-15 committed the offense with the intent to commit a felony described
3-16 by Subparagraph (ii) or (iii).
3-17 (e) [A previous conviction for a state jail felony punished
3-18 under Section 12.35(a) may not be used for enhancement purposes
3-19 under Subsection (b), (c), or (d).]
3-20 [(f)] For the purposes of Subsections (a)-(c) [and (e)], an
3-21 adjudication by a juvenile court under Section 54.03, Family Code,
3-22 that a child engaged in delinquent conduct constituting a felony
3-23 offense for which the child is committed to the Texas Youth
3-24 Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code,
3-25 or Section 54.05(f), Family Code, is a final felony conviction.
3-26 SECTION 2. (a) The change in law made by this Act applies
3-27 only to the enhancement of punishment for an offense committed on
4-1 or after the effective date of this Act. For purposes of this
4-2 section, an offense is committed before the effective date of this
4-3 Act if any element of the offense occurs before the effective date.
4-4 (b) The enhancement of punishment for an offense committed
4-5 before the effective date of this Act is covered by the law in
4-6 effect when the offense was committed, and the former law is
4-7 continued in effect for this purpose.
4-8 SECTION 3. This Act takes effect September 1, 1997.
4-9 SECTION 4. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.