81R3081 KCR-D
By: Turner of Harris H.B. No. 1199
A BILL TO BE ENTITLED
AN ACT
relating to the enhancement of punishment in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.421 to read as follows:
Sec. 12.421. ENHANCEMENT OPTIONS. Notwithstanding
Sections 12.42 and 12.43, a jury or a judge assessing punishment in
a criminal case in which one or more prior convictions are alleged
and shown for enhancement purposes may:
(1) assess punishment as provided by Section 12.42 or
Section 12.43, as applicable; or
(2) on a unanimous determination by the jury or a
written determination by the judge that the enhanced punishment
would result in disproportionate or unfair punishment, assess the
punishment provided for the offense for which the defendant is
being tried.
SECTION 2. The change in law made by this Act applies only
to the punishment for an offense committed on or after the effective
date of this Act. The punishment for an offense committed before
the effective date of this Act is covered by the law in effect when
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 3. This Act takes effect September 1, 2009.