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A BILL TO BE ENTITLED
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AN ACT
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relating to penalties for certain repeat and habitual felony sex |
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offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (3), Subsection (a), Section 12.42, |
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Penal Code, is amended to read as follows: |
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(3) Except as provided by Subsection (c)(2), if [If] |
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it is shown on the trial of a state jail felony punishable under |
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Section 12.35(c) or on the trial of a third-degree felony that the |
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defendant has been once before convicted of a felony, on conviction |
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he shall be punished for a second-degree felony. |
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SECTION 2. Subsection (b), Section 12.42, Penal Code, is |
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amended to read as follows: |
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(b) Except as provided by Subsection (c)(2), if [If] it is |
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shown on the trial of a second-degree felony that the defendant has |
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been once before convicted of a felony, on conviction he shall be |
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punished for a first-degree felony. |
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SECTION 3. Subdivision (2), Subsection (c), Section 12.42, |
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Penal Code, is amended to read as follows: |
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(2) A defendant shall be punished by imprisonment in |
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the institutional division for life if: |
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(A) the defendant is convicted of an offense: |
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(i) under Section 21.11(a)(1), 22.021, or |
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22.011, Penal Code; |
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(ii) under Section 20.04(a)(4), Penal Code, |
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if the defendant committed the offense with the intent to violate or |
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abuse the victim sexually; or |
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(iii) under Section 30.02, Penal Code, |
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punishable under Subsection (d) of that section, if the defendant |
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committed the offense with the intent to commit a felony described |
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by Subparagraph (i) or (ii) or a felony under Section 21.11 or |
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22.011, Penal Code; and |
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(B) the defendant has been previously convicted |
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of an offense: |
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(i) under Section 43.25 or 43.26, Penal |
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Code, or an offense under Section 43.23, Penal Code, punishable |
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under Subsection (h) of that section; |
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(ii) under Section 21.11, 22.011, 22.021, |
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or 25.02, Penal Code; |
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(iii) under Section 20.04(a)(4), Penal |
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Code, if the defendant committed the offense with the intent to |
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violate or abuse the victim sexually; |
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(iv) under Section 30.02, Penal Code, |
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punishable under Subsection (d) of that section, if the defendant |
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committed the offense with the intent to commit a felony described |
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by Subparagraph (ii) or (iii); or |
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(v) under the laws of another state |
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containing elements that are substantially similar to the elements |
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of an offense listed in Subparagraph (i), (ii), (iii), or (iv). |
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SECTION 4. Subsection (d), Section 12.42, Penal Code, is |
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amended to read as follows: |
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(d) Except as provided by Subsection (c)(2), if [If] it is |
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shown on the trial of a felony offense other than a state jail |
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felony punishable under Section 12.35(a) that the defendant has |
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previously been finally convicted of two felony offenses, and the |
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second previous felony conviction is for an offense that occurred |
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subsequent to the first previous conviction having become final, on |
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conviction he shall be punished by imprisonment in the |
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institutional division of the Texas Department of Criminal Justice |
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for life, or for any term of not more than 99 years or less than 25 |
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years. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is governed by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For the purposes of this section, an |
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offense was committed before September 1, 2007, if any element of |
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the offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2007. |