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.
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