By Allen                                               H.B. No. 508
         77R2553 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the penalty for certain offenses committed for
 1-3     remuneration, for obstruction or retaliation, or in violation of a
 1-4     protective order.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
 1-7     by adding Section 12.50 to read as follows:
 1-8           Sec. 12.50.  PENALTY IF OFFENSE COMMITTED FOR REMUNERATION.
 1-9     If the judge or jury, whichever is the trier of fact at the guilt
1-10     or innocence phase of the trial of an offense under this code other
1-11     than a first degree felony or a Class A misdemeanor, finds beyond a
1-12     reasonable doubt that the defendant committed the offense for
1-13     remuneration or the promise of remuneration, the punishment for the
1-14     offense is increased to the punishment prescribed for the next
1-15     highest category of offense. If the offense is a Class A
1-16     misdemeanor, the minimum term of confinement for the offense is
1-17     increased to 180 days.
1-18           SECTION 2. Section 25.07(g), Penal Code, is amended to read
1-19     as follows:
1-20           (g)  An offense under this section is a Class A misdemeanor
1-21     unless:
1-22                 (1)  it is shown on the trial of the offense that the
1-23     defendant has previously been convicted under this section two or
1-24     more times [or has violated the protective order by committing an
 2-1     assault or the offense of stalking], in which event the offense is
 2-2     a third degree felony; or
 2-3                 (2)  the judge or jury, whichever is the trier of fact
 2-4     at the guilt or innocence phase of the trial, finds beyond a
 2-5     reasonable doubt that:
 2-6                       (A)  the defendant violated the protective order
 2-7     by committing a Class A or Class B misdemeanor, in which event the
 2-8     offense is a third degree felony; or
 2-9                       (B)  the defendant violated the protective order
2-10     by committing a felony, in which event the offense is a second
2-11     degree felony.
2-12           SECTION 3. Section 36.06(c), Penal Code, is amended to read
2-13     as follows:
2-14           (c)  An offense under this section is a felony of the third
2-15     degree unless the judge or jury, whichever is the trier of fact at
2-16     the guilt or innocence phase of the trial, finds beyond a
2-17     reasonable doubt that the unlawful act by which the defendant
2-18     harmed or threatened to harm another is an act punishable as a:
2-19                 (1)  third degree felony, in which event the punishment
2-20     for the offense under this section is increased to a second degree
2-21     felony; or
2-22                 (2)  second degree felony, in which event the
2-23     punishment for the offense under this section is increased to a
2-24     first degree felony.
2-25           SECTION 4. This Act takes effect September 1, 2001, and
2-26     applies only to an offense committed on or after that date. An
2-27     offense committed before the effective date of this Act is covered
 3-1     by the law in effect when the offense was committed, and the former
 3-2     law is continued in effect for that purpose. For purposes of this
 3-3     section, an offense was committed before the effective date of this
 3-4     Act if any element of the offense occurred before that date.