82R9397 AJZ-F
By: Madden H.B. No. 3384
A BILL TO BE ENTITLED
AN ACT
relating to the penalties for repeat and habitual felony offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 12.42, Penal Code, is
amended to read as follows:
Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY.
SECTION 2. Sections 12.42(a) and (b), Penal Code, are
amended to read as follows:
(a) [(1) 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 state jail felonies, on conviction
the defendant shall be punished for a third-degree felony.
[(2) 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, 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 second-degree felony.
[(3)] Except as provided by Subsection (c)(2), if it
is shown on the trial of a [state jail felony punishable under
Section 12.35(c) or on the trial of a third-degree] felony of the
third degree that the defendant has previously been finally [once
before] convicted of a felony other than a state jail felony
punishable under Section 12.35(a), on conviction the defendant [he]
shall be punished for a [second-degree] felony of the second
degree.
(b) Except as provided by Subsection (c)(2), if it is shown
on the trial of a [second-degree] felony of the second degree that
the defendant has previously been finally [once before] convicted
of a felony other than a state jail felony punishable under Section
12.35(a), on conviction the defendant [he] shall be punished for a
[first-degree] felony of the first degree.
SECTION 3. Section 12.42(c), Penal Code, is amended by
amending Subdivision (1) and adding Subdivision (5) to read as
follows:
(1) If it is shown on the trial of a [first-degree]
felony of the first degree that the defendant has previously been
finally [once before] convicted of a felony other than a state jail
felony punishable under Section 12.35(a), on conviction the
defendant [he] 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) may not be used for enhancement
purposes under Subdivision (2).
SECTION 4. Section 12.42(d), Penal Code, is amended to read
as follows:
(d) Except as provided by Subsection (c)(2), if it is shown
on the trial of a felony offense other than a state jail felony
punishable under Section 12.35(a) 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 [he] 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) may not be used for enhancement purposes under this
subsection.
SECTION 5. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.425 to read as follows:
Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY
OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a) 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
state jail felonies punishable under Section 12.35(a), on
conviction the defendant shall be punished for a felony of the third
degree.
(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), 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), on
conviction the defendant shall be punished for a felony of the
second degree.
SECTION 6. Section 12.42(e), Penal Code, is repealed.
SECTION 7. 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 8. This Act takes effect September 1, 2011.