SRC-JXG H.B. 2111 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2111
By: Bonnen (Armbrister)
Criminal Justice
5/12/1999
Engrossed


DIGEST 

Currently, Texas law defines a penalty range for a Class A misdemeanor
under the Penal Code of up to one year in jail and/or $4,000 fine, and for
a Class B misdemeanor up to 180 days in jail and/or a $2,000 fine.  The
only code provision under Section 12.44, Penal Code, in the Class A
category, was to punish state jail felonies with up to one year in jail and
the corresponding fine.  H.B. 2111 would allow a court the option of
sentencing a defendant to a Class A misdemeanor punishment for a third
degree felony and a Class B misdemeanor punishment for a state jail felony.

PURPOSE

As proposed, H.B. 2111 authorizes a court to impose a Class A punishment on
a defendant convicted of a third degree felony. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 12.44, Penal Code, as follows:

Sec. 12.44.  New heading:  REDUCTION OF FELONY PUNISHMENT TO MISDEMEANOR
PUNISHMENT.  Authorizes a court to punish a defendant who is convicted of a
felony of the third degree or a state jail felony by imposing the
confinement permissible as punishment for a Class A misdemeanor if, the
court, after certain considerations, finds that such punishment would best
serve the ends of justice. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.