82R5979 AJZ-D
By: Murphy H.B. No. 1063
A BILL TO BE ENTITLED
AN ACT
relating to enhancing the penalties for certain repeat and habitual
misdemeanor offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.43, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsections (b-1) and
(b-2) to read as follows:
(a) If it is shown on the trial of a Class A misdemeanor that
the defendant has been previously [before] convicted one time 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) If it is shown on the trial of a Class B misdemeanor that
the defendant has been previously [before] convicted one time of a
Class A or Class B misdemeanor or any degree of felony, on
conviction the defendant [he] shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for any term of not more than
180 days or less than 30 days; or
(3) both such fine and confinement.
(b-1) If it is shown on the trial of a Class A or Class B
misdemeanor that the defendant has been previously convicted two or
more times of a Class A or Class B misdemeanor or any degree of
felony, on conviction the defendant shall be punished by:
(1) confinement in jail for a term of one year; or
(2) both:
(A) confinement in jail for a term of 180 days;
and
(B) electronic monitoring under the supervision
of an agency designated by the magistrate for a period of 180 days
immediately following release from jail.
(b-2) The court shall require the defendant to directly pay
the cost of any electronic monitoring imposed under Subsection
(b-1) as a cost on conviction, unless the court finds that the
defendant is indigent or is otherwise unable to pay all or part of
the cost and enters its findings on record.
SECTION 2. 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 3. This Act takes effect September 1, 2011.