SRC-JBJ S.B. 1701 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1701
77R7377 GWK-FBy: Staples
Criminal Justice
4/27/2001
As Filed


DIGEST AND PURPOSE 

Currently, there is some confusion regarding the application of certain
repeat offender provisions of the Penal Code.  As proposed, S.B. 1701
ensures that offenders who commit an offense under older versions of the
Penal Code or the penal codes of another state are eligible as repeat
offenders. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.42(c)(2), Penal Code, to require a defendant
to be punished by imprisonment in the institutional division for life if
the defendant has been previously convicted of certain offenses, including
an offense containing elements that are substantially similar to the
elements of an offense listed in Subparagraph (i), (ii), (iii), or (iv),
whether the offense is an offense under the laws of another state or an
offense under a law of this state for which the Penal Code section number
has changed. 

SECTION 2.  Sets forth legislative intent.

SECTION 3.  Effective date: upon passage or September 1, 2001.