1-1     By:  Staples                                          S.B. No. 1701
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     May 7, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; May 7, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1701                 By:  Staples
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the use of previous convictions in the punishment of
1-11     certain repeat and habitual felony offenders.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subdivision (2), Subsection (c), Section 12.42,
1-14     Penal Code, is amended to read as follows:
1-15                 (2)  A defendant shall be punished by imprisonment in
1-16     the institutional division for life if:
1-17                       (A)  the defendant is convicted of an offense:
1-18                             (i)  under Section 22.021 or 22.011, Penal
1-19     Code;
1-20                             (ii)  under Section 20.04(a)(4), Penal
1-21     Code, if the defendant committed the offense with the intent to
1-22     violate or abuse the victim sexually; or
1-23                             (iii)  under Section 30.02, Penal Code,
1-24     punishable under Subsection (d) of that section, if the defendant
1-25     committed the offense with the intent to commit a felony described
1-26     by Subparagraph (i) or (ii) or a felony under Section 21.11 or
1-27     22.011, Penal Code; and
1-28                       (B)  the defendant has been previously convicted
1-29     of an offense:
1-30                             (i)  under Section 43.25 or 43.26, Penal
1-31     Code;
1-32                             (ii)  under Section 21.11, 22.011, 22.021,
1-33     or 25.02, Penal Code;
1-34                             (iii)  under Section 20.04(a)(4), Penal
1-35     Code, if the defendant committed the offense with the intent to
1-36     violate or abuse the victim sexually;
1-37                             (iv)  under Section 30.02, Penal Code,
1-38     punishable under Subsection (d) of that section, if the defendant
1-39     committed the offense with the intent to commit a felony described
1-40     by Subparagraph (ii) or (iii); or
1-41                             (v)  [under the laws of another state]
1-42     containing elements that are substantially similar to the elements
1-43     of an offense listed in Subparagraph (i), (ii), (iii), or (iv),
1-44     whether the offense is an offense under the laws of another state
1-45     or an offense under a law of this state for which the Penal Code
1-46     section number or offense name has changed.
1-47           SECTION 2.  This Act is not intended to change the law, but
1-48     rather to clarify that convictions for offenses under the Penal
1-49     Code that have been renumbered or renamed are nonetheless available
1-50     as previous convictions for the purpose of enhancement under
1-51     Section 12.42, Penal Code, as amended by this Act.
1-52           SECTION 3.  This Act takes effect immediately if it receives
1-53     a vote of two-thirds of all the members elected to each house, as
1-54     provided by Section 39, Article III, Texas Constitution.  If this
1-55     Act does not receive the vote necessary for immediate effect, this
1-56     Act takes effect September 1, 2001.
1-57                                  * * * * *