Texas 2015 - 84th Regular

Texas House Bill HB2170 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23686 MEW-D
2	2	By: Murphy H.B. No. 2170
3	3	Substitute the following for H.B. No. 2170:
4	4	By: Herrero C.S.H.B. No. 2170
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to enhancing the penalties for certain repeat and habitual
10	10	misdemeanor offenders.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 12.42(a), (b), and (d), Penal Code, are
13	13	amended to read as follows:
14	14	(a) Except as provided by Subsection (c)(2), if it is shown
15	15	on the trial of a felony of the third degree that the defendant has
16	16	previously been finally convicted of a felony other than a state
17	17	jail felony punishable under Section 12.35(a) or 12.43(b-1), on
18	18	conviction the defendant shall be punished for a felony of the
19	19	second degree.
20	20	(b) Except as provided by Subsection (c)(2) or (c)(4), if it
21	21	is shown on the trial of a felony of the second degree that the
22	22	defendant has previously been finally convicted of a felony other
23	23	than a state jail felony punishable under Section 12.35(a) or
24	24	12.43(b-1), on conviction the defendant shall be punished for a
25	25	felony of the first degree.
26	26	(d) Except as provided by Subsection (c)(2) or (c)(4), if it
27	27	is shown on the trial of a felony offense other than a state jail
28	28	felony punishable under Section 12.35(a) or 12.43(b-1) that the
29	29	defendant has previously been finally convicted of two felony
30	30	offenses, and the second previous felony conviction is for an
31	31	offense that occurred subsequent to the first previous conviction
32	32	having become final, on conviction the defendant shall be punished
33	33	by imprisonment in the Texas Department of Criminal Justice for
34	34	life, or for any term of not more than 99 years or less than 25
35	35	years. A previous conviction for a state jail felony punishable
36	36	under Section 12.35(a) or 12.43(b-1) may not be used for
37	37	enhancement purposes under this subsection.
38	38	SECTION 2. Sections 12.42(c)(1) and (5), Penal Code, are
39	39	amended to read as follows:
40	40	(1) If it is shown on the trial of a felony of the first
41	41	degree that the defendant has previously been finally convicted of
42	42	a felony other than a state jail felony punishable under Section
43	43	12.35(a) or 12.43(b-1), on conviction the defendant shall be
44	44	punished by imprisonment in the Texas Department of Criminal
45	45	Justice for life, or for any term of not more than 99 years or less
46	46	than 15 years. In addition to imprisonment, an individual may be
47	47	punished by a fine not to exceed $10,000.
48	48	(5) A previous conviction for a state jail felony
49	49	punishable under Section 12.35(a) or 12.43(b-1) may not be used for
50	50	enhancement purposes under Subdivision (2).
51	51	SECTION 3. Section 12.425, Penal Code, is amended to read as
52	52	follows:
53	53	Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY
54	54	OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a) If it is shown on
55	55	the trial of a state jail felony punishable under Section 12.35(a)
56	56	or 12.43(b-1) that the defendant has previously been finally
57	57	convicted of two state jail felonies punishable under Section
58	58	12.35(a) or 12.43(b-1), on conviction the defendant shall be
59	59	punished for a felony of the third degree.
60	60	(b) If it is shown on the trial of a state jail felony
61	61	punishable under Section 12.35(a) or 12.43(b-1) that the defendant
62	62	has previously been finally convicted of two felonies other than a
63	63	state jail felony punishable under Section 12.35(a) or 12.43(b-1),
64	64	and the second previous felony conviction is for an offense that
65	65	occurred subsequent to the first previous conviction having become
66	66	final, on conviction the defendant shall be punished for a felony of
67	67	the second degree.
68	68	(c) If it is shown on the trial of a state jail felony for
69	69	which punishment may be enhanced under Section 12.35(c) that the
70	70	defendant has previously been finally convicted of a felony other
71	71	than a state jail felony punishable under Section 12.35(a) or
72	72	12.43(b-1), on conviction the defendant shall be punished for a
73	73	felony of the second degree.
74	74	SECTION 4. Section 12.43, Penal Code, is amended by
75	75	amending Subsection (a) and adding Subsection (b-1) to read as
76	76	follows:
77	77	(a) Except as provided under Subsection (b-1), if [If] it is
78	78	shown on the trial of a Class A misdemeanor that the defendant has
79	79	been previously [before] convicted of a Class A misdemeanor or any
80	80	degree of felony, on conviction the defendant [he] shall be
81	81	punished by:
82	82	(1) a fine not to exceed $4,000;
83	83	(2) confinement in jail for any term of not more than
84	84	one year or less than 90 days; or
85	85	(3) both such fine and confinement.
86	86	(b-1) An offense that is a Class A misdemeanor is a state
87	87	jail felony if it is shown on the trial of the offense that:
88	88	(1) the defendant has been previously convicted four
89	89	or more times of a Class A misdemeanor or any degree of felony;
90	90	(2) at least one of the previous convictions described
91	91	by Subdivision (1) was of a felony; and
92	92	(3) each of the previous offenses was committed in the
93	93	10-year period preceding the date of commission of the instant
94	94	offense.
95	95	SECTION 5. Sections 15(a)(1) and (2), Article 42.12, Code
96	96	of Criminal Procedure, are amended to read as follows:
97	97	(1) On conviction of a state jail felony under Section
98	98	481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
99	99	481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
100	100	punished under Section 12.35(a) or 12.43(b-1), Penal Code, the
101	101	judge shall suspend the imposition of the sentence and place the
102	102	defendant on community supervision, unless the defendant has
103	103	previously been convicted of a felony, other than a felony punished
104	104	under Section 12.44(a), Penal Code, or unless the conviction
105	105	resulted from an adjudication of the guilt of a defendant
106	106	previously placed on deferred adjudication community supervision
107	107	for the offense, in which event the judge may suspend the imposition
108	108	of the sentence and place the defendant on community supervision or
109	109	may order the sentence to be executed. The provisions of this
110	110	subdivision requiring the judge to suspend the imposition of the
111	111	sentence and place the defendant on community supervision do not
112	112	apply to a defendant who:
113	113	(A) under Section 481.1151(b)(1), Health and
114	114	Safety Code, possessed more than five abuse units of the controlled
115	115	substance;
116	116	(B) under Section 481.1161(b)(3), Health and
117	117	Safety Code, possessed more than one pound, by aggregate weight,
118	118	including adulterants or dilutants, of the controlled substance; or
119	119	(C) under Section 481.121(b)(3), Health and
120	120	Safety Code, possessed more than one pound of marihuana.
121	121	(2) On conviction of a state jail felony punished
122	122	under Section 12.35(a) or 12.43(b-1), Penal Code, other than a
123	123	state jail felony listed in Subdivision (1), subject to Subdivision
124	124	(2-a), the judge may:
125	125	(A) suspend the imposition of the sentence and
126	126	place the defendant on community supervision; or
127	127	(B) order the sentence to be executed:
128	128	(i) in whole; or
129	129	(ii) in part, with a term of community
130	130	supervision to commence immediately on release of the defendant
131	131	from confinement.
132	132	SECTION 6. The change in law made by this Act applies only
133	133	to an offense committed on or after the effective date of this Act.
134	134	An offense committed before the effective date of this Act is
135	135	governed by the law in effect on the date the offense was committed,
136	136	and the former law is continued in effect for that purpose. For
137	137	purposes of this section, an offense was committed before the
138	138	effective date of this Act if any element of the offense occurred
139	139	before that date.
140	140	SECTION 7. This Act takes effect September 1, 2015.