By Barrientos S.B. No. 430 76R4763 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment for certain Class C habitual offenders. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 12.43, Penal Code, is amended to read as 1-5 follows: 1-6 Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR 1-7 OFFENDERS. (a) If it is shown on the trial of a Class A 1-8 misdemeanor that the defendant has been before convicted of a Class 1-9 A misdemeanor or any degree of felony, on conviction he shall be 1-10 punished by: 1-11 (1) a fine not to exceed $4,000; 1-12 (2) confinement in jail for any term of not more than 1-13 one year or less than 90 days; or 1-14 (3) both such fine and confinement. 1-15 (b) If it is shown on the trial of a Class B misdemeanor 1-16 that the defendant has been before convicted of a Class A or Class 1-17 B misdemeanor or any degree of felony, on conviction he shall be 1-18 punished by: 1-19 (1) a fine not to exceed $2,000; 1-20 (2) confinement in jail for any term of not more than 1-21 180 days or less than 30 days; or 1-22 (3) both such fine and confinement. 1-23 (c) If it is shown on the trial of an offense punishable as 1-24 a Class C misdemeanor under Section 42.01 or 49.02 that the 2-1 defendant has been before convicted under either of those sections 2-2 three times or three times for any combination of those offenses 2-3 and each prior offense was committed in the 12 months preceding 2-4 the date of commission of the instant offense, the defendant shall 2-5 be punished by: 2-6 (1) a fine not to exceed $2,000; 2-7 (2) confinement in jail for a term not to exceed 180 2-8 days; or 2-9 (3) both such fine and confinement. 2-10 (d) If the punishment scheme for an offense contains a 2-11 specific enhancement provision increasing punishment for a 2-12 defendant who has previously been convicted of the offense, the 2-13 specific enhancement provision controls over this section. 2-14 SECTION 2. (a) The change in law made by this Act applies 2-15 only to an offense committed on or after the effective date of this 2-16 Act. For purposes of this section, an offense is committed before 2-17 the effective date of this Act if any element of the offense occurs 2-18 before the effective date. 2-19 (b) An offense committed before the effective date of this 2-20 Act is covered by the law in effect when the offense was committed, 2-21 and the former law is continued in effect for that purpose. 2-22 SECTION 3. This Act takes effect September 1, 1999. 2-23 SECTION 4. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended.