84R23686 MEW-D
By: Murphy H.B. No. 2170
Substitute the following for H.B. No. 2170:
By: Herrero C.S.H.B. No. 2170
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. Sections 12.42(a), (b), and (d), Penal Code, are
amended to read as follows:
(a) Except as provided by Subsection (c)(2), if it is shown
on the trial of a felony of the third degree that the defendant has
previously been finally convicted of a felony other than a state
jail felony punishable under Section 12.35(a) or 12.43(b-1), on
conviction the defendant shall be punished for a felony of the
second degree.
(b) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony of the second degree that the
defendant has previously been finally convicted of a felony other
than a state jail felony punishable under Section 12.35(a) or
12.43(b-1), on conviction the defendant shall be punished for a
felony of the first degree.
(d) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony offense other than a state jail
felony punishable under Section 12.35(a) or 12.43(b-1) 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 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) or 12.43(b-1) may not be used for
enhancement purposes under this subsection.
SECTION 2. Sections 12.42(c)(1) and (5), Penal Code, are
amended to read as follows:
(1) If it is shown on the trial of a felony of the first
degree that the defendant has previously been finally convicted of
a felony other than a state jail felony punishable under Section
12.35(a) or 12.43(b-1), on conviction the defendant 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) or 12.43(b-1) may not be used for
enhancement purposes under Subdivision (2).
SECTION 3. Section 12.425, Penal Code, is amended 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)
or 12.43(b-1) that the defendant has previously been finally
convicted of two state jail felonies punishable under Section
12.35(a) or 12.43(b-1), 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) or 12.43(b-1) that the defendant
has previously been finally convicted of two felonies other than a
state jail felony punishable under Section 12.35(a) or 12.43(b-1),
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) or
12.43(b-1), on conviction the defendant shall be punished for a
felony of the second degree.
SECTION 4. Section 12.43, Penal Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) Except as provided under Subsection (b-1), if [If] it is
shown on the trial of a Class A misdemeanor that the defendant has
been previously [before] convicted 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-1) An offense that is a Class A misdemeanor is a state
jail felony if it is shown on the trial of the offense that:
(1) the defendant has been previously convicted four
or more times of a Class A misdemeanor or any degree of felony;
(2) at least one of the previous convictions described
by Subdivision (1) was of a felony; and
(3) each of the previous offenses was committed in the
10-year period preceding the date of commission of the instant
offense.
SECTION 5. Sections 15(a)(1) and (2), Article 42.12, Code
of Criminal Procedure, are amended to read as follows:
(1) On conviction of a state jail felony under Section
481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
punished under Section 12.35(a) or 12.43(b-1), Penal Code, the
judge shall suspend the imposition of the sentence and place the
defendant on community supervision, unless the defendant has
previously been convicted of a felony, other than a felony punished
under Section 12.44(a), Penal Code, or unless the conviction
resulted from an adjudication of the guilt of a defendant
previously placed on deferred adjudication community supervision
for the offense, in which event the judge may suspend the imposition
of the sentence and place the defendant on community supervision or
may order the sentence to be executed. The provisions of this
subdivision requiring the judge to suspend the imposition of the
sentence and place the defendant on community supervision do not
apply to a defendant who:
(A) under Section 481.1151(b)(1), Health and
Safety Code, possessed more than five abuse units of the controlled
substance;
(B) under Section 481.1161(b)(3), Health and
Safety Code, possessed more than one pound, by aggregate weight,
including adulterants or dilutants, of the controlled substance; or
(C) under Section 481.121(b)(3), Health and
Safety Code, possessed more than one pound of marihuana.
(2) On conviction of a state jail felony punished
under Section 12.35(a) or 12.43(b-1), Penal Code, other than a
state jail felony listed in Subdivision (1), subject to Subdivision
(2-a), the judge may:
(A) suspend the imposition of the sentence and
place the defendant on community supervision; or
(B) order the sentence to be executed:
(i) in whole; or
(ii) in part, with a term of community
supervision to commence immediately on release of the defendant
from confinement.
SECTION 6. 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 7. This Act takes effect September 1, 2015.