By Staples                                            S.B. No. 1701
         77R7377 GWK-F                           
                                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. Section 12.42(c)(2), Penal Code, is amended to
 1-6     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,
 2-1     or 25.02, Penal Code;
 2-2                             (iii)  under Section 20.04(a)(4), Penal
 2-3     Code, if the defendant committed the offense with the intent to
 2-4     violate or abuse the victim sexually;
 2-5                             (iv)  under Section 30.02, Penal Code,
 2-6     punishable under Subsection (d) of that section, if the defendant
 2-7     committed the offense with the intent to commit a felony described
 2-8     by Subparagraph (ii) or (iii); or
 2-9                             (v)  [under the laws of another state]
2-10     containing elements that are substantially similar to the elements
2-11     of an offense listed in Subparagraph (i), (ii), (iii), or (iv),
2-12     whether the offense is an offense under the laws of another state
2-13     or an offense under a law of this state for which the Penal Code
2-14     section number has changed.
2-15           SECTION 2. This Act is not intended to change the law, but
2-16     rather to clarify that convictions for offenses under the Penal
2-17     Code that have been renumbered are nonetheless available as
2-18     previous convictions for the purpose of enhancement under Section
2-19     12.42, Penal Code, as amended by this Act.
2-20           SECTION 3.  This Act takes effect immediately if it receives
2-21     a vote of two-thirds of all the members elected to each house, as
2-22     provided by Section 39, Article III, Texas Constitution.  If this
2-23     Act does not receive the vote necessary for immediate effect, this
2-24     Act takes effect September 1, 2001.