Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB1199 by Turner, Sylvester (Relating to the enhancement of punishment in criminal cases.), As Introduced
The bill would amend the Penal Code to allow a judge or jury the option of sentencing a defendant meeting the criteria for enhancement as a repeat and habitual felony offender or misdemeanor offender to the original punishment provided for the offense being tried if it is believed the enhancement would result in disproportionate or unfair punishment.
Allowing a judge or jury to decline to sentence a defendant using the enhancement as a repeat and habitual felony offender or misdemeanor offender provisions could result in decreased demands upon the correctional resources of counties or of the State due to shorter terms of probation, or, shorter terms of confinement in county jails or prison. However, the impact of the bill is not expected to be significant.