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.