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A BILL TO BE ENTITLED
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AN ACT
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relating to the enhancement of punishment in criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.421 to read as follows: |
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Sec. 12.421. ENHANCEMENT OPTIONS. Notwithstanding |
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Sections 12.42 and 12.43, a jury or a judge assessing punishment in |
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a criminal case in which one or more prior convictions are alleged |
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and shown for enhancement purposes may: |
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(1) assess punishment as provided by Section 12.42 or |
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Section 12.43, as applicable; or |
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(2) on a unanimous determination by the jury or a |
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written determination by the judge that the enhanced punishment |
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would result in disproportionate or unfair punishment, assess the |
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punishment provided for the offense for which the defendant is |
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being tried. |
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SECTION 2. The change in law made by this Act applies only |
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to the punishment for an offense committed on or after the effective |
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date of this Act. The punishment for an offense committed before |
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the effective date of this Act is covered by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |