84R8805 MEW-D
 
  By: Murphy H.B. No. 2170
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to enhancing the penalties for certain repeat and habitual
  misdemeanor offenders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 12.42(a), (b), and (d), Penal Code, are
  amended to read as follows:
         (a)  Except as provided by Subsection (c)(2), if it is shown
  on the trial of a felony of the third degree that the defendant has
  previously been finally convicted of a felony other than a state
  jail felony punishable under Section 12.35(a) or 12.43(b-1), on
  conviction the defendant shall be punished for a felony of the
  second degree.
         (b)  Except as provided by Subsection (c)(2) or (c)(4), if it
  is shown on the trial of a felony of the second degree that the
  defendant has previously been finally convicted of a felony other
  than a state jail felony punishable under Section 12.35(a) or
  12.43(b-1), on conviction the defendant shall be punished for a
  felony of the first degree.
         (d)  Except as provided by Subsection (c)(2) or (c)(4), if it
  is shown on the trial of a felony offense other than a state jail
  felony punishable under Section 12.35(a) or 12.43(b-1) that the
  defendant has previously been finally convicted of two felony
  offenses, and the second previous felony conviction is for an
  offense that occurred subsequent to the first previous conviction
  having become final, on conviction the defendant shall be punished
  by imprisonment in the Texas Department of Criminal Justice for
  life, or for any term of not more than 99 years or less than 25
  years. A previous conviction for a state jail felony punishable
  under Section 12.35(a) or 12.43(b-1) may not be used for
  enhancement purposes under this subsection.
         SECTION 2.  Sections 12.42(c)(1) and (5), Penal Code, are
  amended to read as follows:
               (1)  If it is shown on the trial of a felony of the first
  degree that the defendant has previously been finally convicted of
  a felony other than a state jail felony punishable under Section
  12.35(a) or 12.43(b-1), on conviction the defendant shall be
  punished by imprisonment in the Texas Department of Criminal
  Justice for life, or for any term of not more than 99 years or less
  than 15 years.  In addition to imprisonment, an individual may be
  punished by a fine not to exceed $10,000.
               (5)  A previous conviction for a state jail felony
  punishable under Section 12.35(a) or 12.43(b-1) may not be used for
  enhancement purposes under Subdivision (2).
         SECTION 3.  Section 12.425, Penal Code, is amended to read as
  follows:
         Sec. 12.425.  PENALTIES FOR REPEAT AND HABITUAL FELONY
  OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a)  If it is shown on
  the trial of a state jail felony punishable under Section 12.35(a)
  or 12.43(b-1) that the defendant has previously been finally
  convicted of two state jail felonies punishable under Section
  12.35(a) or 12.43(b-1), on conviction the defendant shall be
  punished for a felony of the third degree.
         (b)  If it is shown on the trial of a state jail felony
  punishable under Section 12.35(a) or 12.43(b-1) that the defendant
  has previously been finally convicted of two felonies other than a
  state jail felony punishable under Section 12.35(a) or 12.43(b-1),
  and the second previous felony conviction is for an offense that
  occurred subsequent to the first previous conviction having become
  final, on conviction the defendant shall be punished for a felony of
  the second degree.
         (c)  If it is shown on the trial of a state jail felony for
  which punishment may be enhanced under Section 12.35(c) that the
  defendant has previously been finally convicted of a felony other
  than a state jail felony punishable under Section 12.35(a) or
  12.43(b-1), on conviction the defendant shall be punished for a
  felony of the second degree.
         SECTION 4.  Section 12.43, Penal Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (b-1) to
  read as follows:
         (a)  Except as provided under Subsection (b-1), if [If] it is
  shown on the trial of a Class A misdemeanor that the defendant has
  been previously [before] convicted of a Class A misdemeanor or any
  degree of felony, on conviction the defendant [he] shall be
  punished by:
               (1)  a fine not to exceed $4,000;
               (2)  confinement in jail for any term of not more than
  one year or less than 90 days; or
               (3)  both such fine and confinement.
         (b)  Except as provided under Subsection (b-1), if [If] it is
  shown on the trial of a Class B misdemeanor that the defendant has
  been previously [before] convicted of a Class A or Class B
  misdemeanor or any degree of felony, on conviction the defendant
  [he] shall be punished by:
               (1)  a fine not to exceed $2,000;
               (2)  confinement in jail for any term of not more than
  180 days or less than 30 days; or
               (3)  both such fine and confinement.
         (b-1)  An offense that is otherwise punishable as a Class A
  or Class B misdemeanor is punishable as a state jail felony if it is
  shown on the trial of the offense that:
               (1)  the defendant has been previously convicted four
  or more times of a Class A or Class B misdemeanor or any degree of
  felony; and
               (2)  each of the previous offenses was committed in the
  10-year period preceding the date of commission of the instant
  offense.
         SECTION 5.  Sections 15(a)(1) and (2), Article 42.12, Code
  of Criminal Procedure, are amended to read as follows:
               (1)  On conviction of a state jail felony under Section
  481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
  481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
  punished under Section 12.35(a) or 12.43(b-1), Penal Code, the
  judge shall suspend the imposition of the sentence and place the
  defendant on community supervision, unless the defendant has
  previously been convicted of a felony, other than a felony punished
  under Section 12.44(a), Penal Code, or unless the conviction
  resulted from an adjudication of the guilt of a defendant
  previously placed on deferred adjudication community supervision
  for the offense, in which event the judge may suspend the imposition
  of the sentence and place the defendant on community supervision or
  may order the sentence to be executed.  The provisions of this
  subdivision requiring the judge to suspend the imposition of the
  sentence and place the defendant on community supervision do not
  apply to a defendant who:
                     (A)  under Section 481.1151(b)(1), Health and
  Safety Code, possessed more than five abuse units of the controlled
  substance;
                     (B)  under Section 481.1161(b)(3), Health and
  Safety Code, possessed more than one pound, by aggregate weight,
  including adulterants or dilutants, of the controlled substance; or
                     (C)  under Section 481.121(b)(3), Health and
  Safety Code, possessed more than one pound of marihuana.
               (2)  On conviction of a state jail felony punished
  under Section 12.35(a) or 12.43(b-1), Penal Code, other than a
  state jail felony listed in Subdivision (1), subject to Subdivision
  (2-a), the judge may:
                     (A)  suspend the imposition of the sentence and
  place the defendant on community supervision; or
                     (B)  order the sentence to be executed:
                           (i)  in whole; or
                           (ii)  in part, with a term of community
  supervision to commence immediately on release of the defendant
  from confinement.
         SECTION 6.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 7.  This Act takes effect September 1, 2015.