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.