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


Senate Research CenterC.S.S.B. 1701
By: Staples
Criminal Justice
5/3/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, there is some confusion regarding the application of certain
repeat offender provisions of the Penal Code.  C.S.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
or offense named has changed. 

SECTION 2.  Sets forth legislative intent.

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

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by amending previously proposed
changes to provisions regarding certain Penal Code offenses. 

SECTIONS 2 - 3.  No changes.