SRC-JBJ S.B. 430 76(R)BILL ANALYSIS Senate Research CenterS.B. 430 By: Barrientos Criminal Justice 7/21/1999 Enrolled DIGEST Currently, a person who continues to be convicted of a Class C misdemeanor does not received an enhanced punishment, unlike a repeat offender of a Class A or Class C misdemeanor. S.B. 430 will require certain enhanced penalties for repeat offenders of a Class C misdemeanor. PURPOSE As enrolled, S.B. 430 requires enhanced penalties for certain Class C misdemeanor habitual offenders. 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 12.43, Penal Code, to require a defendant to be punished by a certain fine or confinement, or both, if a defendant has been convicted three times on any combination of a Class C misdemeanor under Section 42.01 or 49.02, and each prior offense was committed within 24 months of each other. Makes a conforming change. SECTION 2. Amends Article 42.12, Code of Criminal Procedure, by adding Section 15A, as follows: Sec. 15A. ENHANCED DISORDERLY CONDUCT AND PUBLIC INTOXICATION OFFENSES. Requires the court to suspend the imposition of the sentence and place the defendant on community supervision, except as provided by Subsection (b), on conviction of an offense for which punishment is enhanced under Section 12.43, Penal Code. Authorizes the judge to suspend in whole or in part the imposition of any fine imposed on conviction. Provides that all provisions of this article applying to a defendant placed on community supervision for a misdemeanor apply to a defendant placed on community supervision under this section, except that the court shall require the defendant as a condition of community supervision to take certain action. Provides that Subsection (a) does not apply if it is shown at the punishment phase of a trial in which punishment is enhanced under Section 12.43(c), Penal Code, that the defendant had previously been convicted of an offense for which punishment was enhanced under Section 12.43(c), Penal Code. SECTION 3. Makes application of this Act prospective. SECTION 4.Effective date: September 1, 1999. SECTION 5.Emergency clause.