79R7062 RMB-D

By:  Phillips                                                     H.B. No. 1762



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for a person with multiple convictions 
for identical misdemeanor offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 12.43, Penal Code, is amended by adding 
Subsections (b-1) and (e) to read as follows:
	(b-1) Subsections (a) and (b) do not apply to a defendant 
convicted of three or more identical offenses as described by 
Subsection (e).
	(e)  If it is shown on the trial of a misdemeanor offense that 
the defendant has been before convicted of the same offense as the 
instant offense two or more times, the punishment for the offense is 
increased to the punishment prescribed for the next highest 
category of offense.  Notwithstanding Subsection (d), a specific 
enhancement provision in the punishment scheme for an offense 
controls over this subsection only if the provision provides a 
penalty greater than the penalty provided by this subsection.
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
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.  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.
	SECTION 3.  This Act takes effect September 1, 2005.