By Haywood S.B. No. 112
75R926 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment and sentencing for persons convicted of
1-3 certain oil-field thefts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 15(d), Article 42.12, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (d) A judge may impose as a condition of community
1-8 supervision that a defendant submit at the beginning of the period
1-9 of community supervision to a term of confinement in a state jail
1-10 felony facility for a term of not less than 90 days or more than
1-11 180 days, or a term of not less than 90 days or more than one year
1-12 if the defendant is convicted of an offense punishable as a state
1-13 jail felony under Section 481.112, 481.113, or 481.120, Health and
1-14 Safety Code. A judge shall impose as a condition of community
1-15 supervision that a defendant submit at the beginning of the period
1-16 of community supervision to a term of confinement in a state jail
1-17 felony facility for a term of not less than 90 days or more than
1-18 one year if the defendant is convicted of an offense punishable as
1-19 a state jail felony under Section 31.03, Penal Code, and the
1-20 property stolen is equipment designed for use in exploration for or
1-21 production of natural gas or crude petroleum oil or equipment
1-22 designed for use in remedial or diagnostic operation on gas or
1-23 crude petroleum oil wells. A judge may not require a defendant to
1-24 submit to both the term of confinement authorized or required by
2-1 this subsection and a term of confinement under Section 5 or 12 of
2-2 this article. For the purposes of this subsection, a defendant
2-3 previously has been convicted of a felony regardless of whether the
2-4 sentence for the previous conviction was actually imposed or was
2-5 probated and suspended.
2-6 SECTION 2. (a) The change in law made by this Act applies
2-7 only to an offense committed on or after the effective date of this
2-8 Act. For purposes of this section, an offense is committed before
2-9 the effective date of this Act if any element of the offense occurs
2-10 before the effective date.
2-11 (b) An offense committed before the effective date of this
2-12 Act is covered by the law in effect when the offense was committed,
2-13 and the former law is continued in effect for this purpose.
2-14 SECTION 3. This Act takes effect September 1, 1997.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.