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.