85R7668 JSC-D
By: Canales H.B. No. 2679
A BILL TO BE ENTITLED
AN ACT
relating to the use of certain previous convictions for enhancing
the penalty for certain subsequent offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.415 to read as follows:
Sec. 12.415. CLASSIFICATION OF CERTAIN PREVIOUS OFFENSES
FOR PURPOSES OF SUBSEQUENT ENHANCEMENT. (a) This section applies
only to an offense for which the penalty was enhanced as the result
of a previous conviction under the terms of a provision other than a
provision under this subchapter.
(b) A defendant's conviction of an offense described by
Subsection (a) may be used to enhance the penalty for a subsequent
offense for purposes of this subchapter based only on the class or
degree of offense otherwise applicable to the offense described by
Subsection (a) if the state had not proved the previous conviction.
SECTION 2. The change in law made by this Act applies only
to the enhancement of punishment under Subchapter D, Chapter 12,
Penal Code, for 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, 2017.