By Talton H.B. No. 418
76R2923 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of habitual offender punishment
1-3 provisions to certain defendants convicted of state jail felonies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.42(d), Penal Code, is amended to read
1-6 as follows:
1-7 (d) If it is shown on the trial of a felony offense [other
1-8 than a state jail felony punishable under Section 12.35(a)] that
1-9 the defendant has previously been finally convicted of two felony
1-10 offenses, and the second previous felony conviction is for an
1-11 offense that occurred subsequent to the first previous conviction
1-12 having become final, on conviction he shall be punished by
1-13 imprisonment in the institutional division of the Texas Department
1-14 of Criminal Justice for life, or for any term of not more than 99
1-15 years or less than 25 years.
1-16 SECTION 2. (a) The change in law made by this Act applies
1-17 only to an offense committed on or after the effective date of this
1-18 Act. For purposes of this section, an offense is committed before
1-19 the effective date of this Act if any element of the offense occurs
1-20 before the effective date.
1-21 (b) An offense committed before the effective date of this
1-22 Act is covered by the law in effect when the offense was committed,
1-23 and the former law is continued in effect for that purpose.
1-24 SECTION 3. This Act takes effect September 1, 1999.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.