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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. Sections 12.42(a), (b), and (d), Penal Code, are |
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amended to read as follows: |
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(a) Except as provided by Subsection (c)(2), if it is shown |
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on the trial of a felony of the third degree that the defendant has |
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previously been finally convicted of a felony other than a state |
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jail felony punishable under Section 12.35(a) or 12.43(b-1), 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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(b) Except as provided by Subsection (c)(2) or (c)(4), if it |
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is shown on the trial of a felony of the second degree 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) or |
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12.43(b-1), on conviction the defendant shall be punished for a |
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felony of the first degree. |
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(d) Except as provided by Subsection (c)(2) or (c)(4), if it |
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is shown on the trial of a felony offense other than a state jail |
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felony punishable under Section 12.35(a) or 12.43(b-1) that the |
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defendant has previously been finally convicted of two felony |
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offenses, and the second previous felony conviction is for an |
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offense that occurred subsequent to the first previous conviction |
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having become final, on conviction the defendant shall be punished |
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by imprisonment in the Texas Department of Criminal Justice for |
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life, or for any term of not more than 99 years or less than 25 |
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years. A previous conviction for a state jail felony punishable |
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under Section 12.35(a) or 12.43(b-1) may not be used for |
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enhancement purposes under this subsection. |
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SECTION 2. Sections 12.42(c)(1) and (5), Penal Code, are |
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amended to read as follows: |
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(1) If it is shown on the trial of a felony of the first |
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degree that the defendant has previously been finally convicted of |
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a felony other than a state jail felony punishable under Section |
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12.35(a) or 12.43(b-1), on conviction the defendant shall be |
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punished by imprisonment in the Texas Department of Criminal |
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Justice for life, or for any term of not more than 99 years or less |
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than 15 years. In addition to imprisonment, an individual may be |
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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) or 12.43(b-1) may not be used for |
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enhancement purposes under Subdivision (2). |
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SECTION 3. Section 12.425, Penal Code, is amended to read as |
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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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or 12.43(b-1) that the defendant has previously been finally |
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convicted of two state jail felonies punishable under Section |
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12.35(a) or 12.43(b-1), on conviction the defendant shall be |
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punished for a felony of the third 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) or 12.43(b-1) that the defendant |
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has previously been finally convicted of two felonies other than a |
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state jail felony punishable under Section 12.35(a) or 12.43(b-1), |
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and the second previous felony conviction is for an offense that |
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occurred subsequent to the first previous conviction having become |
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final, on conviction the defendant shall be punished for a felony of |
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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) or |
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12.43(b-1), on conviction the defendant shall be punished for a |
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felony of the second degree. |
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SECTION 4. 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) Except as provided under Subsection (b-1), if [If] it is |
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shown on the trial of a Class A misdemeanor that the defendant has |
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been previously [before] convicted of a Class A misdemeanor or any |
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degree of felony, on conviction the defendant [he] shall be |
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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) Except as provided under Subsection (b-1), if [If] it is |
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shown on the trial of a Class B misdemeanor that the defendant has |
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been previously [before] convicted of a Class A or Class B |
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misdemeanor or any degree of felony, on conviction the defendant |
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[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) An offense that is otherwise punishable as a Class A |
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or Class B misdemeanor is punishable as a state jail felony if it is |
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shown on the trial of the offense that: |
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(1) the defendant has been previously convicted four |
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or more times of a Class A or Class B misdemeanor or any degree of |
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felony; and |
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(2) each of the previous offenses was committed in the |
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10-year period preceding the date of commission of the instant |
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offense. |
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SECTION 5. Sections 15(a)(1) and (2), Article 42.12, Code |
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of Criminal Procedure, are amended to read as follows: |
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(1) On conviction of a state jail felony under Section |
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481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), |
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481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is |
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punished under Section 12.35(a) or 12.43(b-1), Penal Code, the |
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judge shall suspend the imposition of the sentence and place the |
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defendant on community supervision, unless the defendant has |
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previously been convicted of a felony, other than a felony punished |
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under Section 12.44(a), Penal Code, or unless the conviction |
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resulted from an adjudication of the guilt of a defendant |
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previously placed on deferred adjudication community supervision |
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for the offense, in which event the judge may suspend the imposition |
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of the sentence and place the defendant on community supervision or |
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may order the sentence to be executed. The provisions of this |
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subdivision requiring the judge to suspend the imposition of the |
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sentence and place the defendant on community supervision do not |
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apply to a defendant who: |
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(A) under Section 481.1151(b)(1), Health and |
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Safety Code, possessed more than five abuse units of the controlled |
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substance; |
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(B) under Section 481.1161(b)(3), Health and |
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Safety Code, possessed more than one pound, by aggregate weight, |
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including adulterants or dilutants, of the controlled substance; or |
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(C) under Section 481.121(b)(3), Health and |
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Safety Code, possessed more than one pound of marihuana. |
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(2) On conviction of a state jail felony punished |
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under Section 12.35(a) or 12.43(b-1), Penal Code, other than a |
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state jail felony listed in Subdivision (1), subject to Subdivision |
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(2-a), the judge may: |
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(A) suspend the imposition of the sentence and |
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place the defendant on community supervision; or |
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(B) order the sentence to be executed: |
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(i) in whole; or |
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(ii) in part, with a term of community |
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supervision to commence immediately on release of the defendant |
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from confinement. |
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SECTION 6. 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 7. This Act takes effect September 1, 2015. |