Texas 2011 - 82nd Regular

Texas House Bill HB3384 Compare Versions

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1	1	By: Madden (Senate Sponsor - Whitmire) H.B. No. 3384
2	2	(In the Senate - Received from the House May 4, 2011;
3	3	May 5, 2011, read first time and referred to Committee on Criminal
4	4	Justice; May 21, 2011, reported favorably by the following vote:
5	5	Yeas 6, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the penalties for repeat and habitual felony offenders.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 12.42, Penal Code, is
13	13	amended to read as follows:
14	14	Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
15	15	OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY.
16	16	SECTION 2. Sections 12.42(a) and (b), Penal Code, are
17	17	amended to read as follows:
18	18	(a) [(1) If it is shown on the trial of a state jail felony
19	19	punishable under Section 12.35(a) that the defendant has previously
20	20	been finally convicted of two state jail felonies, on conviction
21	21	the defendant shall be punished for a third-degree felony.
22	22	[(2) If it is shown on the trial of a state jail felony
23	23	punishable under Section 12.35(a) that the defendant has previously
24	24	been finally convicted of two felonies, and the second previous
25	25	felony conviction is for an offense that occurred subsequent to the
26	26	first previous conviction having become final, on conviction the
27	27	defendant shall be punished for a second-degree felony.
28	28	[(3)] Except as provided by Subsection (c)(2), if it
29	29	is shown on the trial of a [state jail felony punishable under
30	30	Section 12.35(c) or on the trial of a third-degree] felony of the
31	31	third degree that the defendant has previously been finally [once
32	32	before] convicted of a felony other than a state jail felony
33	33	punishable under Section 12.35(a), on conviction the defendant [he]
34	34	shall be punished for a [second-degree] felony of the second
35	35	degree.
36	36	(b) Except as provided by Subsection (c)(2), if it is shown
37	37	on the trial of a [second-degree] felony of the second degree that
38	38	the defendant has previously been finally [once before] convicted
39	39	of a felony other than a state jail felony punishable under Section
40	40	12.35(a), on conviction the defendant [he] shall be punished for a
41	41	[first-degree] felony of the first degree.
42	42	SECTION 3. Section 12.42(c), Penal Code, is amended by
43	43	amending Subdivision (1) and adding Subdivision (5) to read as
44	44	follows:
45	45	(1) If it is shown on the trial of a [first-degree]
46	46	felony of the first degree that the defendant has previously been
47	47	finally [once before] convicted of a felony other than a state jail
48	48	felony punishable under Section 12.35(a), on conviction the
49	49	defendant [he] shall be punished by imprisonment in the Texas
50	50	Department of Criminal Justice for life, or for any term of not more
51	51	than 99 years or less than 15 years. In addition to imprisonment,
52	52	an individual may be punished by a fine not to exceed $10,000.
53	53	(5) A previous conviction for a state jail felony
54	54	punishable under Section 12.35(a) may not be used for enhancement
55	55	purposes under Subdivision (2).
56	56	SECTION 4. Section 12.42(d), Penal Code, is amended to read
57	57	as follows:
58	58	(d) Except as provided by Subsection (c)(2), if it is shown
59	59	on the trial of a felony offense other than a state jail felony
60	60	punishable under Section 12.35(a) that the defendant has previously
61	61	been finally convicted of two felony offenses, and the second
62	62	previous felony conviction is for an offense that occurred
63	63	subsequent to the first previous conviction having become final, on
64	64	conviction the defendant [he] shall be punished by imprisonment in
65	65	the Texas Department of Criminal Justice for life, or for any term
66	66	of not more than 99 years or less than 25 years. A previous
67	67	conviction for a state jail felony punishable under Section
68	68	12.35(a) may not be used for enhancement purposes under this
69	69	subsection.
70	70	SECTION 5. Subchapter D, Chapter 12, Penal Code, is amended
71	71	by adding Section 12.425 to read as follows:
72	72	Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY
73	73	OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a) If it is shown on
74	74	the trial of a state jail felony punishable under Section 12.35(a)
75	75	that the defendant has previously been finally convicted of two
76	76	state jail felonies punishable under Section 12.35(a), on
77	77	conviction the defendant shall be punished for a felony of the third
78	78	degree.
79	79	(b) If it is shown on the trial of a state jail felony
80	80	punishable under Section 12.35(a) that the defendant has previously
81	81	been finally convicted of two felonies other than a state jail
82	82	felony punishable under Section 12.35(a), and the second previous
83	83	felony conviction is for an offense that occurred subsequent to the
84	84	first previous conviction having become final, on conviction the
85	85	defendant shall be punished for a felony of the second degree.
86	86	(c) If it is shown on the trial of a state jail felony for
87	87	which punishment may be enhanced under Section 12.35(c) that the
88	88	defendant has previously been finally convicted of a felony other
89	89	than a state jail felony punishable under Section 12.35(a), on
90	90	conviction the defendant shall be punished for a felony of the
91	91	second degree.
92	92	SECTION 6. Section 12.42(e), Penal Code, is repealed.
93	93	SECTION 7. The change in law made by this Act applies only
94	94	to an offense committed on or after the effective date of this Act.
95	95	An offense committed before the effective date of this Act is
96	96	governed by the law in effect on the date the offense was committed,
97	97	and the former law is continued in effect for that purpose. For
98	98	purposes of this section, an offense was committed before the
99	99	effective date of this Act if any element of the offense occurred
100	100	before that date.
101	101	SECTION 8. This Act takes effect September 1, 2011.
102	102	* * * * *