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                                                                  H.B. No. 2296




AN ACT

relating to the reduction of a state jail felony prosecution to a 
misdemeanor prosecution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 12.44(b), Penal Code, is amended to read 
as follows:     
	(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 
date.
	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    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor