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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for a person with multiple convictions |
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for identical misdemeanor offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.43, Penal Code, is amended by adding |
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Subsections (b-1) and (e) to read as follows: |
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(b-1) Subsections (a) and (b) do not apply to a defendant |
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convicted of three or more identical offenses as described by |
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Subsection (e). |
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(e) If it is shown on the trial of a misdemeanor offense that |
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the defendant has been before convicted of the same offense as the |
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instant offense two or more times, the punishment for the offense is |
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increased to the punishment prescribed for the next highest |
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category of offense. Notwithstanding Subsection (d), a specific |
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enhancement provision in the punishment scheme for an offense |
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controls over this subsection only if the provision provides a |
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penalty greater than the penalty provided by this subsection. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense is committed before the effective date of |
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this Act if any element of the offense occurs before the effective |
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date. |
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SECTION 3. This Act takes effect September 1, 2007. |