Texas 2021 - 87th Regular

Texas House Bill HB1509 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R19857 MEW-D
2	2		By: Murphy H.B. No. 1509
	3	+	Substitute the following for H.B. No. 1509:
	4	+	By: A. Johnson of Harris C.S.H.B. No. 1509
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to enhancing the criminal penalties for certain repeat and
8	10		habitual offenders.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Sections 12.42(a), (b), and (d), Penal Code, are
11	13		amended to read as follows:
12	14		(a) Except as provided by Subsection (c)(2), if it is shown
13	15		on the trial of a felony of the third degree that the defendant has
14	16		previously been finally convicted of a felony other than a state
15	17		jail felony punishable under Section 12.35(a) or 12.43(b-1), on
16	18		conviction the defendant shall be punished for a felony of the
17	19		second degree.
18	20		(b) Except as provided by Subsection (c)(2) or (c)(4), if it
19	21		is shown on the trial of a felony of the second degree that the
20	22		defendant has previously been finally convicted of a felony other
21	23		than a state jail felony punishable under Section 12.35(a) or
22	24		12.43(b-1), on conviction the defendant shall be punished for a
23	25		felony of the first degree.
24	26		(d) Except as provided by Subsection (c)(2) or (c)(4), if it
25	27		is shown on the trial of a felony offense other than a state jail
26	28		felony punishable under Section 12.35(a) or 12.43(b-1) that the
27	29		defendant has previously been finally convicted of two felony
28	30		offenses, and the second previous felony conviction is for an
29	31		offense that occurred subsequent to the first previous conviction
30	32		having become final, on conviction the defendant shall be punished
31	33		by imprisonment in the Texas Department of Criminal Justice for
32	34		life, or for any term of not more than 99 years or less than 25
33	35		years. A previous conviction for a state jail felony punishable
34	36		under Section 12.35(a) or 12.43(b-1) may not be used for
35	37		enhancement purposes under this subsection.
36	38		SECTION 2. Sections 12.42(c)(1) and (5), Penal Code, are
37	39		amended to read as follows:
38	40		(1) If it is shown on the trial of a felony of the first
39	41		degree that the defendant has previously been finally convicted of
40	42		a felony other than a state jail felony punishable under Section
41	43		12.35(a) or 12.43(b-1), on conviction the defendant shall be
42	44		punished by imprisonment in the Texas Department of Criminal
43	45		Justice for life, or for any term of not more than 99 years or less
44	46		than 15 years. In addition to imprisonment, an individual may be
45	47		punished by a fine not to exceed $10,000.
46	48		(5) A previous conviction for a state jail felony
47	49		punishable under Section 12.35(a) or 12.43(b-1) may not be used for
48	50		enhancement purposes under Subdivision (2).
49	51		SECTION 3. Section 12.425, Penal Code, is amended to read as
50	52		follows:
51	53		Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY
52	54		OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a) If it is shown on
53	55		the trial of a state jail felony punishable under Section 12.35(a)
54	56		or 12.43(b-1) that the defendant has previously been finally
55	57		convicted of two state jail felonies punishable under Section
56	58		12.35(a) or 12.43(b-1), on conviction the defendant shall be
57	59		punished for a felony of the third degree.
58	60		(b) If it is shown on the trial of a state jail felony
59	61		punishable under Section 12.35(a) or 12.43(b-1) that the defendant
60	62		has previously been finally convicted of two felonies other than a
61	63		state jail felony punishable under Section 12.35(a) or 12.43(b-1),
62	64		and the second previous felony conviction is for an offense that
63	65		occurred subsequent to the first previous conviction having become
64	66		final, on conviction the defendant shall be punished for a felony of
65	67		the second degree.
66	68		(c) If it is shown on the trial of a state jail felony for
67	69		which punishment may be enhanced under Section 12.35(c) that the
68	70		defendant has previously been finally convicted of a felony other
69	71		than a state jail felony punishable under Section 12.35(a) or
70	72		12.43(b-1), on conviction the defendant shall be punished for a
71	73		felony of the second degree.
72	74		SECTION 4. Section 12.43, Penal Code, is amended by
73	75		amending Subsections (a) and (b) and adding Subsection (b-1) to
74	76		read as follows:
75	77		(a) Except as provided under Subsection (b-1), if [If] it is
76	78		shown on the trial of a Class A misdemeanor that the defendant has
77	79		been previously [before] convicted of a Class A misdemeanor or any
78	80		higher category of offense [degree of felony], on conviction the
79	81		defendant [he] shall be punished by:
80	82		(1) a fine not to exceed $4,000;
81	83		(2) confinement in jail for any term of not more than
82	84		one year or less than 90 days; or
83	85		(3) both such fine and confinement.
84	86		(b) If it is shown on the trial of a Class B misdemeanor that
85	87		the defendant has been previously [before] convicted of a [Class A
86	88		or] Class B misdemeanor or any higher category of offense [degree of
87	89		felony], on conviction the defendant [he] shall be punished by:
88	90		(1) a fine not to exceed $2,000;
89	91		(2) confinement in jail for any term of not more than
90	92		180 days or less than 30 days; or
91	93		(3) both such fine and confinement.
92	94		(b-1) An offense that is a Class A misdemeanor is a state
93	95		jail felony if it is shown on the trial of the offense that:
94	96		(1) the defendant has previously been finally
95	97		convicted four or more times of a Class A misdemeanor or any higher
96	98		category of offense;
97	99		(2) at least one of the convictions described by
98	100		Subdivision (1) was of a felony;
99	101		(3) each conviction described by Subdivision (1) was
100	102		for an offense that occurred subsequent to the previous conviction
101	103		having become final; and
102	104		(4) each of the previous offenses was committed in the
103	105		10-year period preceding the date of commission of the instant
104	106		offense.
105	107		SECTION 5. Articles 42A.551(a) and (d), Code of Criminal
106	108		Procedure, are amended to read as follows:
107	109		(a) Except as otherwise provided by Subsection (b) or (c),
108	110		on conviction of a state jail felony under Section 481.115(b),
109	111		481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or
110	112		481.129(g)(1), Health and Safety Code, that is punished under
111	113		Section 12.35(a), Penal Code, or on conviction of an offense under
112	114		Section 481.1161(b)(2) or 481.121(b)(2), Health and Safety Code,
113	115		punished as a state jail felony under Section 12.43(b-1), Penal
114	116		Code, the judge shall suspend the imposition of the sentence and
115	117		place the defendant on community supervision.
116	118		(d) On conviction of a state jail felony punished under
117	119		Section 12.35(a) or 12.43(b-1), Penal Code, other than a state jail
118	120		felony listed in Subsection (a) or to which Article 42A.515
119	121		applies, subject to Subsection (e), the judge may:
120	122		(1) suspend the imposition of the sentence and place
121	123		the defendant on community supervision; or
122	124		(2) order the sentence to be executed:
123	125		(A) in whole; or
124	126		(B) in part, with a period of community
125	127		supervision to begin immediately on release of the defendant from
126	128		confinement.
127	129		SECTION 6. The change in law made by this Act applies only
128	130		to an offense committed on or after the effective date of this Act.
129	131		An offense committed before the effective date of this Act is
130	132		governed by the law in effect on the date the offense was committed,
131	133		and the former law is continued in effect for that purpose. For
132	134		purposes of this section, an offense was committed before the
133	135		effective date of this Act if any element of the offense occurred
134	136		before that date.
135	137		SECTION 7. This Act takes effect September 1, 2021.