Texas 2017 - 85th Regular

Texas House Bill HB383 Compare Versions

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1	1	85R2678 MEW-D
2	2	By: Murphy H.B. No. 383
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to enhancing the penalties for certain repeat and habitual
8	8	offenders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 12.42(a), (b), and (d), Penal Code, are
11	11	amended to read as follows:
12	12	(a) Except as provided by Subsection (c)(2), if it is shown
13	13	on the trial of a felony of the third degree that the defendant has
14	14	previously been finally convicted of a felony other than a state
15	15	jail felony punishable under Section 12.35(a) or 12.43(b-1), on
16	16	conviction the defendant shall be punished for a felony of the
17	17	second degree.
18	18	(b) Except as provided by Subsection (c)(2) or (c)(4), if it
19	19	is shown on the trial of a felony of the second degree that the
20	20	defendant has previously been finally convicted of a felony other
21	21	than a state jail felony punishable under Section 12.35(a) or
22	22	12.43(b-1), on conviction the defendant shall be punished for a
23	23	felony of the first degree.
24	24	(d) Except as provided by Subsection (c)(2) or (c)(4), if it
25	25	is shown on the trial of a felony offense other than a state jail
26	26	felony punishable under Section 12.35(a) or 12.43(b-1) that the
27	27	defendant has previously been finally convicted of two felony
28	28	offenses, and the second previous felony conviction is for an
29	29	offense that occurred subsequent to the first previous conviction
30	30	having become final, on conviction the defendant shall be punished
31	31	by imprisonment in the Texas Department of Criminal Justice for
32	32	life, or for any term of not more than 99 years or less than 25
33	33	years. A previous conviction for a state jail felony punishable
34	34	under Section 12.35(a) or 12.43(b-1) may not be used for
35	35	enhancement purposes under this subsection.
36	36	SECTION 2. Sections 12.42(c)(1) and (5), Penal Code, are
37	37	amended to read as follows:
38	38	(1) If it is shown on the trial of a felony of the first
39	39	degree that the defendant has previously been finally convicted of
40	40	a felony other than a state jail felony punishable under Section
41	41	12.35(a) or 12.43(b-1), on conviction the defendant shall be
42	42	punished by imprisonment in the Texas Department of Criminal
43	43	Justice for life, or for any term of not more than 99 years or less
44	44	than 15 years. In addition to imprisonment, an individual may be
45	45	punished by a fine not to exceed $10,000.
46	46	(5) A previous conviction for a state jail felony
47	47	punishable under Section 12.35(a) or 12.43(b-1) may not be used for
48	48	enhancement purposes under Subdivision (2).
49	49	SECTION 3. Section 12.425, Penal Code, is amended to read as
50	50	follows:
51	51	Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY
52	52	OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a) If it is shown on
53	53	the trial of a state jail felony punishable under Section 12.35(a)
54	54	or 12.43(b-1) that the defendant has previously been finally
55	55	convicted of two state jail felonies punishable under Section
56	56	12.35(a) or 12.43(b-1), on conviction the defendant shall be
57	57	punished for a felony of the third degree.
58	58	(b) If it is shown on the trial of a state jail felony
59	59	punishable under Section 12.35(a) or 12.43(b-1) that the defendant
60	60	has previously been finally convicted of two felonies other than a
61	61	state jail felony punishable under Section 12.35(a) or 12.43(b-1),
62	62	and the second previous felony conviction is for an offense that
63	63	occurred subsequent to the first previous conviction having become
64	64	final, on conviction the defendant shall be punished for a felony of
65	65	the second degree.
66	66	(c) If it is shown on the trial of a state jail felony for
67	67	which punishment may be enhanced under Section 12.35(c) that the
68	68	defendant has previously been finally convicted of a felony other
69	69	than a state jail felony punishable under Section 12.35(a) or
70	70	12.43(b-1), on conviction the defendant shall be punished for a
71	71	felony of the second degree.
72	72	SECTION 4. Section 12.43, Penal Code, is amended by
73	73	amending Subsection (a) and adding Subsection (b-1) to read as
74	74	follows:
75	75	(a) Except as provided under Subsection (b-1), if [If] it is
76	76	shown on the trial of a Class A misdemeanor that the defendant has
77	77	been previously [before] convicted of a Class A misdemeanor or any
78	78	degree of felony, on conviction the defendant [he] shall be
79	79	punished by:
80	80	(1) a fine not to exceed $4,000;
81	81	(2) confinement in jail for any term of not more than
82	82	one year or less than 90 days; or
83	83	(3) both such fine and confinement.
84	84	(b-1) An offense that is a Class A misdemeanor is a state
85	85	jail felony if it is shown on the trial of the offense that:
86	86	(1) the defendant has been previously convicted four
87	87	or more times of a Class A misdemeanor or any degree of felony;
88	88	(2) at least one of the previous convictions described
89	89	by Subdivision (1) was of a felony; and
90	90	(3) each of the previous offenses was committed in the
91	91	10-year period preceding the date of commission of the instant
92	92	offense.
93	93	SECTION 5. Articles 42A.551(a) and (d), Code of Criminal
94	94	Procedure, are amended to read as follows:
95	95	(a) Except as otherwise provided by Subsection (b) or (c),
96	96	on conviction of a state jail felony under Section 481.115(b),
97	97	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or
98	98	481.129(g)(1), Health and Safety Code, that is punished under
99	99	Section 12.35(a) or 12.43(b-1), Penal Code, the judge shall suspend
100	100	the imposition of the sentence and place the defendant on community
101	101	supervision.
102	102	(d) On conviction of a state jail felony punished under
103	103	Section 12.35(a) or 12.43(b-1), Penal Code, other than a state jail
104	104	felony listed in Subsection (a), subject to Subsection (e), the
105	105	judge may:
106	106	(1) suspend the imposition of the sentence and place
107	107	the defendant on community supervision; or
108	108	(2) order the sentence to be executed:
109	109	(A) in whole; or
110	110	(B) in part, with a period of community
111	111	supervision to begin immediately on release of the defendant from
112	112	confinement.
113	113	SECTION 6. The change in law made by this Act applies only
114	114	to an offense committed on or after the effective date of this Act.
115	115	An offense committed before the effective date of this Act is
116	116	governed by the law in effect on the date the offense was committed,
117	117	and the former law is continued in effect for that purpose. For
118	118	purposes of this section, an offense was committed before the
119	119	effective date of this Act if any element of the offense occurred
120	120	before that date.
121	121	SECTION 7. This Act takes effect September 1, 2017.