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.