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.