By Bonnen                                              H.B. No. 806
         77R3878                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment of certain individuals convicted of
 1-3     third degree felonies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 12.44, Penal Code, is amended to read as
 1-6     follows:
 1-7           Sec. 12.44.  REDUCTION OF [STATE JAIL] FELONY PUNISHMENT TO
 1-8     MISDEMEANOR PUNISHMENT. (a)  A court may punish a defendant who is
 1-9     convicted of a felony of the third degree or a state jail felony by
1-10     imposing the confinement permissible as punishment for a Class A
1-11     misdemeanor if, after considering the gravity and circumstances of
1-12     the felony committed and the history, character, and rehabilitative
1-13     needs of the defendant, the court finds that such punishment would
1-14     best serve the ends of justice.
1-15           (b)  When a court is authorized to impose punishment for a
1-16     lesser category of offense as provided in Subsection (a), the court
1-17     may authorize the prosecuting attorney to prosecute initially for
1-18     the lesser category of offense.
1-19           SECTION 2.  (a)  The change in law made by this Act applies
1-20     only to an offense committed on or after the effective date of this
1-21     Act.  For purposes of this section, an offense is committed before
1-22     the effective date of this Act if any element of the offense occurs
1-23     before the effective date.
1-24           (b)  An offense committed before the effective date of this
 2-1     Act is covered by the law in effect when the offense was committed,
 2-2     and the former law is continued in effect for that purpose.
 2-3           SECTION 3.  This Act takes effect September 1, 2001.