By:  Dunnam                                                       H.B. No. 3317



A BILL TO BE ENTITLED

AN ACT

relating to the enhancement of punishment in criminal cases.                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended 
by adding Section 12.421 to read as follows:
	Sec. 12.421.  ENHANCEMENT OPTIONS.  Notwithstanding 
Sections 12.42 and 12.43, a jury assessing punishment in a criminal 
case in which one or more prior convictions are alleged and shown 
for enhancement purposes may:
		(1)  assess punishment as provided by Section 12.42 or 
Section 12.43, as appropriate; or
		(2)  on a unanimous determination by the jury that the 
enhanced punishment would result in disproportionate or unfair 
punishment, assess the punishment provided for he offense for which 
the defendant is being tried.
	SECTION 2.  (a)  The change in law made by this act applies 
only to the punishment for an offense committed on or after the 
effective date of this Act.  For purposes of this section, an 
offense is committed before the effective date of this act if any 
element of the offense occurs before the effective date.
	(b)  The punishment for an offense committed before the 
effective date of this Act is covered by the law in effect when the 
offense was committed, and the former law is continued in effect for 
that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.