83R779 AJZ-D
By: Lucio III H.B. No. 1440
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. Section 12.425, Penal Code, is amended by adding
Subsections (a-1) and (a-2) 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 a state jail felony punishable under
Section 12.35(a) and 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 third degree.
(a-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 other than a state jail
felony punishable under Section 12.35(a), on conviction the
defendant shall be punished for a felony of the third degree.
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, 2013.