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.