AN ACT
1-1 relating to the punishment for certain Class C habitual offenders.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 12.43, Penal Code, is amended to read as
1-4 follows:
1-5 Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR
1-6 OFFENDERS. (a) If it is shown on the trial of a Class A
1-7 misdemeanor that the defendant has been before convicted of a Class
1-8 A misdemeanor or any degree of felony, on conviction he shall be
1-9 punished by:
1-10 (1) a fine not to exceed $4,000;
1-11 (2) confinement in jail for any term of not more than
1-12 one year or less than 90 days; or
1-13 (3) both such fine and confinement.
1-14 (b) If it is shown on the trial of a Class B misdemeanor
1-15 that the defendant has been before convicted of a Class A or Class
1-16 B misdemeanor or any degree of felony, on conviction he shall be
1-17 punished by:
1-18 (1) a fine not to exceed $2,000;
1-19 (2) confinement in jail for any term of not more than
1-20 180 days or less than 30 days; or
1-21 (3) both such fine and confinement.
1-22 (c) If it is shown on the trial of an offense punishable as
1-23 a Class C misdemeanor under Section 42.01 or 49.02 that the
1-24 defendant has been before convicted under either of those sections
2-1 three times or three times for any combination of those offenses
2-2 and each prior offense was committed in the 24 months preceding
2-3 the date of commission of the instant offense, the defendant shall
2-4 be punished by:
2-5 (1) a fine not to exceed $2,000;
2-6 (2) confinement in jail for a term not to exceed 180
2-7 days; or
2-8 (3) both such fine and confinement.
2-9 (d) If the punishment scheme for an offense contains a
2-10 specific enhancement provision increasing punishment for a
2-11 defendant who has previously been convicted of the offense, the
2-12 specific enhancement provision controls over this section.
2-13 SECTION 2. Article 42.12, Code of Criminal Procedure, is
2-14 amended by adding Section 15A to read as follows:
2-15 Sec. 15A. ENHANCED DISORDERLY CONDUCT AND PUBLIC
2-16 INTOXICATION OFFENSES. (a) Except as provided by Subsection (b),
2-17 on conviction of an offense for which punishment is enhanced under
2-18 Section 12.43(c), Penal Code, the court shall suspend the
2-19 imposition of the sentence and place the defendant on community
2-20 supervision. The judge may suspend in whole or in part the
2-21 imposition of any fine imposed on conviction. All provisions of
2-22 this article applying to a defendant placed on community
2-23 supervision for a misdemeanor apply to a defendant placed on
2-24 community supervision under this section, except that the court
2-25 shall require the defendant as a condition of community supervision
2-26 to:
3-1 (1) submit to diagnostic testing for addiction to
3-2 alcohol or a controlled substance or drug;
3-3 (2) submit to a psychological assessment;
3-4 (3) if indicated as necessary by testing and
3-5 assessment, participate in an alcohol or drug abuse treatment or
3-6 education program; and
3-7 (4) pay the costs of testing, assessment, and
3-8 treatment or education, either directly or as a court cost.
3-9 (b) Subsection (a) does not apply if it is shown at the
3-10 punishment phase of a trial in which punishment is enhanced under
3-11 Section 12.43(c), Penal Code, that the defendant had previously
3-12 been convicted of an offense for which punishment was enhanced
3-13 under Section 12.43(c), Penal Code.
3-14 SECTION 3. (a) The change in law made by this Act applies
3-15 only to an offense committed on or after the effective date of this
3-16 Act. For purposes of this section, an offense is committed before
3-17 the effective date of this Act if any element of the offense occurs
3-18 before the effective date.
3-19 (b) An offense committed before the effective date of this
3-20 Act is covered by the law in effect when the offense was committed,
3-21 and the former law is continued in effect for that purpose.
3-22 SECTION 4. This Act takes effect September 1, 1999.
3-23 SECTION 5. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 430 passed the Senate on
April 29, 1999, by a viva-voce vote; and that the Senate concurred
in House amendment on May 21, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 430 passed the House, with
amendment, on May 19, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor