Texas 2019 - 86th Regular

Texas House Bill HB1088 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4857 MEW-D
2	2	By: Geren H.B. No. 1088
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to enhancing the criminal penalties for certain repeat and
8	8	habitual 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. Sections 12.425(b) and (c), Penal Code, are
50	50	amended to read as follows:
51	51	(b) If it is shown on the trial of a state jail felony
52	52	punishable under Section 12.35(a) that the defendant has previously
53	53	been finally convicted of two felonies other than a state jail
54	54	felony punishable under Section 12.35(a) or 12.43(b-1), and the
55	55	second previous felony conviction is for an offense that occurred
56	56	subsequent to the first previous conviction having become final, on
57	57	conviction the defendant shall be punished for a felony of the
58	58	second degree.
59	59	(c) If it is shown on the trial of a state jail felony for
60	60	which punishment may be enhanced under Section 12.35(c) that the
61	61	defendant has previously been finally convicted of a felony other
62	62	than a state jail felony punishable under Section 12.35(a) or
63	63	12.43(b-1), on conviction the defendant shall be punished for a
64	64	felony of the second degree.
65	65	SECTION 4. Section 12.43, Penal Code, is amended by
66	66	amending Subsection (a) and adding Subsection (b-1) to read as
67	67	follows:
68	68	(a) Except as provided under Subsection (b-1), if [If] it is
69	69	shown on the trial of a Class A misdemeanor that the defendant has
70	70	been previously [before] convicted of a Class A misdemeanor or any
71	71	degree of felony, on conviction the defendant [he] shall be
72	72	punished by:
73	73	(1) a fine not to exceed $4,000;
74	74	(2) confinement in jail for any term of not more than
75	75	one year or less than 90 days; or
76	76	(3) both such fine and confinement.
77	77	(b-1) An offense that is a Class A misdemeanor is a state
78	78	jail felony if it is shown on the trial of the offense that:
79	79	(1) the defendant has been previously convicted four
80	80	or more times of a Class A misdemeanor or any degree of felony; and
81	81	(2) each of the previous offenses was committed in the
82	82	10-year period preceding the date of commission of the instant
83	83	offense.
84	84	SECTION 5. Article 42A.551(d), Code of Criminal Procedure,
85	85	is amended to read as follows:
86	86	(d) On conviction of a state jail felony punished under
87	87	Section 12.35(a) or 12.43(b-1), Penal Code, other than a state jail
88	88	felony listed in Subsection (a), subject to Subsection (e), the
89	89	judge may:
90	90	(1) suspend the imposition of the sentence and place
91	91	the defendant on community supervision; or
92	92	(2) order the sentence to be executed:
93	93	(A) in whole; or
94	94	(B) in part, with a period of community
95	95	supervision to begin immediately on release of the defendant from
96	96	confinement.
97	97	SECTION 6. The change in law made by this Act applies only
98	98	to an offense committed on or after the effective date of this Act.
99	99	An offense committed before the effective date of this Act is
100	100	governed by the law in effect on the date the offense was committed,
101	101	and the former law is continued in effect for that purpose. For
102	102	purposes of this section, an offense was committed before the
103	103	effective date of this Act if any element of the offense occurred
104	104	before that date.
105	105	SECTION 7. This Act takes effect September 1, 2019.