By Bonnen                                             H.B. No. 2111
         76R8029 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment of certain individuals convicted of
 1-3     third degree felonies or state jail felonies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 12.44, Penal Code, is amended to read as
 1-6     follows:
 1-7           Sec. 12.44.  REDUCTION OF [STATE JAIL] FELONY PUNISHMENT TO
 1-8     MISDEMEANOR PUNISHMENT.  (a)  A court may punish a defendant who is
 1-9     convicted of a felony of the third degree by imposing the
1-10     confinement permissible as punishment for a Class A misdemeanor, or
1-11     [A court] may punish a defendant who is convicted of a state jail
1-12     felony by imposing the confinement permissible as punishment for a
1-13     Class B [A] misdemeanor if, after considering the gravity and
1-14     circumstances of the felony committed and the history, character,
1-15     and rehabilitative needs of the defendant, the court finds that
1-16     such punishment would best serve the ends of justice.
1-17           (b)  When a court is authorized to impose punishment for a
1-18     lesser category of offense as provided in Subsection (a), the court
1-19     may authorize the prosecuting attorney to prosecute initially for
1-20     the lesser category of offense.
1-21           SECTION 2.  (a)  The change in law made by this Act applies
1-22     only to an offense committed on or after the effective date of this
1-23     Act.  For purposes of this section, an offense is committed before
1-24     the effective date of this Act if any element of the offense occurs
 2-1     before the effective date.
 2-2           (b)  An offense committed before the effective date of this
 2-3     Act is covered by the law in effect when the offense was committed,
 2-4     and the former law is continued in effect for that purpose.
 2-5           SECTION 3.  This Act takes effect September 1, 1999.
 2-6           SECTION 4.  The importance of this legislation and the
 2-7     crowded condition of the calendars in both houses create an
 2-8     emergency and an imperative public necessity that the
 2-9     constitutional rule requiring bills to be read on three several
2-10     days in each house be suspended, and this rule is hereby suspended.