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79R13059 UM-F


By:  Cook of Colorado                                             H.B. No. 2296

Substitute the following for H.B. No. 2296:                                   

By:  Keel                                                     C.S.H.B. No. 2296



A BILL TO BE ENTITLED

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.