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A BILL TO BE ENTITLED
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AN ACT
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relating to enhancing the penalties for certain repeat and habitual |
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misdemeanor offenders. |
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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 |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) If it is shown on the trial of a Class A misdemeanor that |
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the defendant has been previously [before] convicted one time of a |
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Class A misdemeanor or any degree of felony, on conviction the |
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defendant [he] shall be punished by: |
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(1) a fine not to exceed $4,000; |
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(2) confinement in jail for any term of not more than |
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one year or less than 90 days; or |
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(3) both such fine and confinement. |
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(b) If it is shown on the trial of a Class B misdemeanor that |
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the defendant has been previously [before] convicted one time of a |
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Class A or Class B misdemeanor or any degree of felony, on |
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conviction the defendant [he] shall be punished by: |
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(1) a fine not to exceed $2,000; |
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(2) confinement in jail for any term of not more than |
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180 days or less than 30 days; or |
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(3) both such fine and confinement. |
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(b-1) If it is shown on the trial of a Class A or Class B |
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misdemeanor that the defendant has been previously convicted two or |
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more times of a Class A or Class B misdemeanor or any degree of |
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felony, on conviction the defendant shall be punished by: |
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(1) a fine of not more than $4,000 and not less than |
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$2,000; |
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(2) confinement in jail for any term of not more than |
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one year or less than 180 days; or |
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(3) both such fine and confinement. |
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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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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 3. This Act takes effect September 1, 2013. |