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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain previous convictions for enhancing |
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the penalty for certain subsequent offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.415 to read as follows: |
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Sec. 12.415. CLASSIFICATION OF CERTAIN PREVIOUS OFFENSES |
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FOR PURPOSES OF SUBSEQUENT ENHANCEMENT. (a) This section applies |
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only to an offense for which the penalty was enhanced as the result |
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of a previous conviction under the terms of a provision other than a |
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provision under this subchapter. |
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(b) A defendant's conviction of an offense described by |
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Subsection (a) may be used to enhance the penalty for a subsequent |
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offense for purposes of this subchapter based only on the class or |
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degree of offense otherwise applicable to the offense described by |
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Subsection (a) if the state had not proved the previous conviction. |
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SECTION 2. The change in law made by this Act applies only |
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to the enhancement of punishment under Subchapter D, Chapter 12, |
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Penal Code, for an offense committed on or after the effective date |
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of this Act. An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |