By:  Staples                                          S.B. No. 1701
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of previous convictions in the punishment of
 1-3     certain repeat and habitual felony offenders.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subdivision (2), Subsection (c), Section 12.42,
 1-6     Penal Code, is amended to read as follows:
 1-7                 (2)  A defendant shall be punished by imprisonment in
 1-8     the institutional division for life if:
 1-9                       (A)  the defendant is convicted of an offense:
1-10                             (i)  under Section 22.021 or 22.011, Penal
1-11     Code;
1-12                             (ii)  under Section 20.04(a)(4), Penal
1-13     Code, if the defendant committed the offense with the intent to
1-14     violate or abuse the victim sexually; or
1-15                             (iii)  under Section 30.02, Penal Code,
1-16     punishable under Subsection (d) of that section, if the defendant
1-17     committed the offense with the intent to commit a felony described
1-18     by Subparagraph (i) or (ii) or a felony under Section 21.11 or
1-19     22.011, Penal Code; and
1-20                       (B)  the defendant has been previously convicted
1-21     of an offense:
1-22                             (i)  under Section 43.25 or 43.26, Penal
1-23     Code;
1-24                             (ii)  under Section 21.11, 22.011, 22.021,
1-25     or 25.02, Penal Code;
 2-1                             (iii)  under Section 20.04(a)(4), Penal
 2-2     Code, if the defendant committed the offense with the intent to
 2-3     violate or abuse the victim sexually;
 2-4                             (iv)  under Section 30.02, Penal Code,
 2-5     punishable under Subsection (d) of that section, if the defendant
 2-6     committed the offense with the intent to commit a felony described
 2-7     by Subparagraph (ii) or (iii); or
 2-8                             (v)  [under the laws of another state]
 2-9     containing elements that are substantially similar to the elements
2-10     of an offense listed in Subparagraph (i), (ii), (iii), or (iv),
2-11     whether the offense is an offense under the laws of another state
2-12     or an offense under a law of this state for which the Penal Code
2-13     section number or offense name has changed.
2-14           SECTION 2.  Section 31.03, Penal Code, is amended by adding
2-15     Subsection (i) to read as follows:
2-16           (i)  An offense described for the purposes of punishment by
2-17     Subsection (e)(4)(D) may be enhanced under Sections 12.42(a)(1) and
2-18     (2) with prior felony convictions.
2-19           SECTION 3.  This Act is not intended to change the law, but
2-20     rather to clarify that convictions for offenses under the Penal
2-21     Code that have been renumbered or renamed are nonetheless available
2-22     as previous convictions for the purpose of enhancement under
2-23     Section 12.42, Penal Code, as amended by this Act.
2-24           SECTION 4.  This Act takes effect immediately if it receives
2-25     a vote of two-thirds of all the members elected to each house, as
2-26     provided by Section 39, Article III, Texas Constitution.  If this
 3-1     Act does not receive the vote necessary for immediate effect, this
 3-2     Act takes effect September 1, 2001.