| 1 | 1 | | 81R3081 KCR-D |
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| 2 | 2 | | By: Turner of Harris H.B. No. 1199 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enhancement of punishment in criminal cases. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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| 10 | 10 | | by adding Section 12.421 to read as follows: |
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| 11 | 11 | | Sec. 12.421. ENHANCEMENT OPTIONS. Notwithstanding |
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| 12 | 12 | | Sections 12.42 and 12.43, a jury or a judge assessing punishment in |
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| 13 | 13 | | a criminal case in which one or more prior convictions are alleged |
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| 14 | 14 | | and shown for enhancement purposes may: |
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| 15 | 15 | | (1) assess punishment as provided by Section 12.42 or |
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| 16 | 16 | | Section 12.43, as applicable; or |
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| 17 | 17 | | (2) on a unanimous determination by the jury or a |
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| 18 | 18 | | written determination by the judge that the enhanced punishment |
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| 19 | 19 | | would result in disproportionate or unfair punishment, assess the |
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| 20 | 20 | | punishment provided for the offense for which the defendant is |
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| 21 | 21 | | being tried. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to the punishment for an offense committed on or after the effective |
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| 24 | 24 | | date of this Act. The punishment for an offense committed before |
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| 25 | 25 | | the effective date of this Act is covered by the law in effect when |
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| 26 | 26 | | the offense was committed, and the former law is continued in effect |
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| 27 | 27 | | for that purpose. For purposes of this section, an offense was |
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| 28 | 28 | | committed before the effective date of this Act if any element of |
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| 29 | 29 | | the offense occurred before that date. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2009. |
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