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AN ACT
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relating to the penalties for repeat and habitual felony offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 12.42, Penal Code, is |
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amended to read as follows: |
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Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY |
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OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY. |
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SECTION 2. Sections 12.42(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) [(1) If it is shown on the trial of a state jail felony
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punishable under Section 12.35(a) that the defendant has previously
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been finally convicted of two state jail felonies, on conviction
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the defendant shall be punished for a third-degree felony.
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[(2)
If it is shown on the trial of a state jail felony
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punishable under Section 12.35(a) that the defendant has previously
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been finally convicted of two felonies, and the second previous
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felony conviction is for an offense that occurred subsequent to the
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first previous conviction having become final, on conviction the
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defendant shall be punished for a second-degree felony.
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[(3)] Except as provided by Subsection (c)(2), if it |
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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 of the |
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third degree that the defendant has previously been finally [once
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before] convicted of a felony other than a state jail felony |
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punishable under Section 12.35(a), on conviction the defendant [he] |
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shall be punished for a [second-degree] felony of the second |
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degree. |
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(b) Except as provided by Subsection (c)(2), if it is shown |
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on the trial of a [second-degree] felony of the second degree that |
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the defendant has previously been finally [once before] convicted |
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of a felony other than a state jail felony punishable under Section |
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12.35(a), on conviction the defendant [he] shall be punished for a |
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[first-degree] felony of the first degree. |
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SECTION 3. Section 12.42(c), Penal Code, is amended by |
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amending Subdivision (1) and adding Subdivision (5) to read as |
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follows: |
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(1) If it is shown on the trial of a [first-degree] |
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felony of the first degree that the defendant has previously been |
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finally [once before] convicted of a felony other than a state jail |
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felony punishable under Section 12.35(a), on conviction the |
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defendant [he] shall be punished by imprisonment in the Texas |
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Department of Criminal Justice for life, or for any term of not more |
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than 99 years or less than 15 years. In addition to imprisonment, |
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an individual may be punished by a fine not to exceed $10,000. |
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(5) A previous conviction for a state jail felony |
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punishable under Section 12.35(a) may not be used for enhancement |
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purposes under Subdivision (2). |
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SECTION 4. Section 12.42(d), Penal Code, is amended to read |
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as follows: |
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(d) Except as provided by Subsection (c)(2), if it is shown |
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on the trial of a felony offense other than a state jail felony |
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punishable under Section 12.35(a) that the defendant has previously |
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been finally convicted of two felony offenses, and the second |
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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 the defendant [he] shall be punished by imprisonment in |
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the Texas Department of Criminal Justice for life, or for any term |
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of not more than 99 years or less than 25 years. A previous |
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conviction for a state jail felony punishable under Section |
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12.35(a) may not be used for enhancement purposes under this |
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subsection. |
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SECTION 5. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.425 to read as follows: |
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Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY |
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OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a) If it is shown on |
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the trial of a state jail felony punishable under Section 12.35(a) |
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that the defendant has previously been finally convicted of two |
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state jail felonies punishable under Section 12.35(a), on |
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conviction the defendant shall be punished for a felony of the third |
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degree. |
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(b) If it is shown on the trial of a state jail felony |
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punishable under Section 12.35(a) that the defendant has previously |
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been finally convicted of two felonies other than a state jail |
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felony punishable under Section 12.35(a), and the second previous |
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felony conviction is for an offense that occurred subsequent to the |
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first previous conviction having become final, on conviction the |
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defendant shall be punished for a felony of the second degree. |
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(c) If it is shown on the trial of a state jail felony for |
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which punishment may be enhanced under Section 12.35(c) that the |
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defendant has previously been finally convicted of a felony other |
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than a state jail felony punishable under Section 12.35(a), on |
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conviction the defendant shall be punished for a felony of the |
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second degree. |
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SECTION 6. Section 12.42(e), Penal Code, is repealed. |
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SECTION 7. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 8. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3384 was passed by the House on May 3, |
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2011, by the following vote: Yeas 141, Nays 3, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3384 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |