| 1 | 1 | | 85R7668 JSC-D |
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| 2 | 2 | | By: Canales H.B. No. 2679 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of certain previous convictions for enhancing |
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| 8 | 8 | | the penalty for certain subsequent offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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| 11 | 11 | | by adding Section 12.415 to read as follows: |
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| 12 | 12 | | Sec. 12.415. CLASSIFICATION OF CERTAIN PREVIOUS OFFENSES |
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| 13 | 13 | | FOR PURPOSES OF SUBSEQUENT ENHANCEMENT. (a) This section applies |
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| 14 | 14 | | only to an offense for which the penalty was enhanced as the result |
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| 15 | 15 | | of a previous conviction under the terms of a provision other than a |
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| 16 | 16 | | provision under this subchapter. |
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| 17 | 17 | | (b) A defendant's conviction of an offense described by |
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| 18 | 18 | | Subsection (a) may be used to enhance the penalty for a subsequent |
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| 19 | 19 | | offense for purposes of this subchapter based only on the class or |
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| 20 | 20 | | degree of offense otherwise applicable to the offense described by |
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| 21 | 21 | | Subsection (a) if the state had not proved the previous conviction. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to the enhancement of punishment under Subchapter D, Chapter 12, |
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| 24 | 24 | | Penal Code, for an offense committed on or after the effective date |
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| 25 | 25 | | of this Act. An offense committed before the effective date of this |
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| 26 | 26 | | Act is governed by the law in effect on the date the offense was |
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| 27 | 27 | | committed, and the former law is continued in effect for that |
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| 28 | 28 | | purpose. For purposes of this section, an offense was committed |
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| 29 | 29 | | before the effective date of this Act if any element of the offense |
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| 30 | 30 | | occurred before that date. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2017. |
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