H.B. No. 2296
relating to the reduction of a state jail felony prosecution to a
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.44(b), Penal Code, is amended to read
(b) At the request of the prosecuting attorney [
When a court
is authorized to impose punishment for a lesser category of offense
as provided in Subsection (a)], the court may authorize the
prosecuting attorney to prosecute a state jail felony as a Class A
misdemeanor [ initially for the lesser category of offense].
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 was committed before the effective date of
this Act if any element of the offense was committed before that
SECTION 3. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 2296 was passed by the House on April
26, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 2296 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate