By: Geren H.B. No. 790
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to enhancing the criminal penalties for certain repeat and
  habitual 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.  Sections 12.425(b) and (c), Penal Code, are
  amended to read as follows:
         (b)  If it is shown on the trial of a state jail felony
  punishable under Section 12.35(a) 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 Subsection (a) 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-1)  An offense that is a Class A misdemeanor is 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 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.  Article 42A.551(d), Code of Criminal Procedure,
  is amended to read as follows:
         (d)  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 Subsection (a), subject to Subsection (e), the
  judge may:
               (1)  suspend the imposition of the sentence and place
  the defendant on community supervision; or
               (2)  order the sentence to be executed:
                     (A)  in whole; or
                     (B)  in part, with a period of community
  supervision to begin 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, 2021.