1-1 By: Barrientos S.B. No. 430 1-2 (In the Senate - Filed February 8, 1999; February 9, 1999, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 April 26, 1999, reported favorably, as amended, by the following 1-5 vote: Yeas 6, Nays 0; April 26, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Duncan 1-7 Amend S.B. No. 430 on page 1, line 36, by striking "12" and 1-8 substituting "24". 1-9 A BILL TO BE ENTITLED 1-10 AN ACT 1-11 relating to the punishment for certain Class C habitual offenders. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 12.43, Penal Code, is amended to read as 1-14 follows: 1-15 Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR 1-16 OFFENDERS. (a) If it is shown on the trial of a Class A 1-17 misdemeanor that the defendant has been before convicted of a Class 1-18 A misdemeanor or any degree of felony, on conviction he shall be 1-19 punished by: 1-20 (1) a fine not to exceed $4,000; 1-21 (2) confinement in jail for any term of not more than 1-22 one year or less than 90 days; or 1-23 (3) both such fine and confinement. 1-24 (b) If it is shown on the trial of a Class B misdemeanor 1-25 that the defendant has been before convicted of a Class A or Class 1-26 B misdemeanor or any degree of felony, on conviction he shall be 1-27 punished by: 1-28 (1) a fine not to exceed $2,000; 1-29 (2) confinement in jail for any term of not more than 1-30 180 days or less than 30 days; or 1-31 (3) both such fine and confinement. 1-32 (c) If it is shown on the trial of an offense punishable as 1-33 a Class C misdemeanor under Section 42.01 or 49.02 that the 1-34 defendant has been before convicted under either of those sections 1-35 three times or three times for any combination of those offenses 1-36 and each prior offense was committed in the 12 months preceding 1-37 the date of commission of the instant offense, the defendant shall 1-38 be punished by: 1-39 (1) a fine not to exceed $2,000; 1-40 (2) confinement in jail for a term not to exceed 180 1-41 days; or 1-42 (3) both such fine and confinement. 1-43 (d) If the punishment scheme for an offense contains a 1-44 specific enhancement provision increasing punishment for a 1-45 defendant who has previously been convicted of the offense, the 1-46 specific enhancement provision controls over this section. 1-47 SECTION 2. (a) The change in law made by this Act applies 1-48 only to an offense committed on or after the effective date of this 1-49 Act. For purposes of this section, an offense is committed before 1-50 the effective date of this Act if any element of the offense occurs 1-51 before the effective date. 1-52 (b) An offense committed before the effective date of this 1-53 Act is covered by the law in effect when the offense was committed, 1-54 and the former law is continued in effect for that purpose. 1-55 SECTION 3. This Act takes effect September 1, 1999. 1-56 SECTION 4. The importance of this legislation and the 1-57 crowded condition of the calendars in both houses create an 1-58 emergency and an imperative public necessity that the 1-59 constitutional rule requiring bills to be read on three several 1-60 days in each house be suspended, and this rule is hereby suspended. 1-61 * * * * *