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 * * * * *