Texas 2021 - 87th Regular

Texas House Bill HB790 Compare Versions

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

Old	New	Differences
1	1	By: Geren H.B. No. 790
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to enhancing the criminal penalties for certain repeat and
7	7	habitual offenders.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 12.42(a), (b), and (d), Penal Code, are
10	10	amended to read as follows:
11	11	(a) Except as provided by Subsection (c)(2), if it is shown
12	12	on the trial of a felony of the third degree that the defendant has
13	13	previously been finally convicted of a felony other than a state
14	14	jail felony punishable under Section 12.35(a) or 12.43(b-1), on
15	15	conviction the defendant shall be punished for a felony of the
16	16	second degree.
17	17	(b) Except as provided by Subsection (c)(2) or (c)(4), if it
18	18	is shown on the trial of a felony of the second degree that the
19	19	defendant has previously been finally convicted of a felony other
20	20	than a state jail felony punishable under Section 12.35(a) or
21	21	12.43(b-1), on conviction the defendant shall be punished for a
22	22	felony of the first degree.
23	23	(d) Except as provided by Subsection (c)(2) or (c)(4), if it
24	24	is shown on the trial of a felony offense other than a state jail
25	25	felony punishable under Section 12.35(a) or 12.43(b-1) that the
26	26	defendant has previously been finally convicted of two felony
27	27	offenses, and the second previous felony conviction is for an
28	28	offense that occurred subsequent to the first previous conviction
29	29	having become final, on conviction the defendant shall be punished
30	30	by imprisonment in the Texas Department of Criminal Justice for
31	31	life, or for any term of not more than 99 years or less than 25
32	32	years. A previous conviction for a state jail felony punishable
33	33	under Section 12.35(a) or 12.43(b-1) may not be used for
34	34	enhancement purposes under this subsection.
35	35	SECTION 2. Sections 12.42(c)(1) and (5), Penal Code, are
36	36	amended to read as follows:
37	37	(1) If it is shown on the trial of a felony of the first
38	38	degree that the defendant has previously been finally convicted of
39	39	a felony other than a state jail felony punishable under Section
40	40	12.35(a) or 12.43(b-1), on conviction the defendant shall be
41	41	punished by imprisonment in the Texas Department of Criminal
42	42	Justice for life, or for any term of not more than 99 years or less
43	43	than 15 years. In addition to imprisonment, an individual may be
44	44	punished by a fine not to exceed $10,000.
45	45	(5) A previous conviction for a state jail felony
46	46	punishable under Section 12.35(a) or 12.43(b-1) may not be used for
47	47	enhancement purposes under Subdivision (2).
48	48	SECTION 3. Sections 12.425(b) and (c), Penal Code, are
49	49	amended to read as follows:
50	50	(b) If it is shown on the trial of a state jail felony
51	51	punishable under Section 12.35(a) that the defendant has previously
52	52	been finally convicted of two felonies other than a state jail
53	53	felony punishable under Section 12.35(a) or 12.43(b-1), and the
54	54	second previous felony conviction is for an offense that occurred
55	55	subsequent to the first previous conviction having become final, on
56	56	conviction the defendant shall be punished for a felony of the
57	57	second degree.
58	58	(c) If it is shown on the trial of a state jail felony for
59	59	which punishment may be enhanced under Section 12.35(c) that the
60	60	defendant has previously been finally convicted of a felony other
61	61	than a state jail felony punishable under Section 12.35(a) or
62	62	12.43(b-1), on conviction the defendant shall be punished for a
63	63	felony of the second degree.
64	64	SECTION 4. Section 12.43, Penal Code, is amended by
65	65	amending Subsection (a) and adding Subsection (b-1) to read as
66	66	follows:
67	67	(a) Except as provided under Subsection (b-1), if [If] it is
68	68	shown on the trial of a Class A misdemeanor that the defendant has
69	69	been previously [before] convicted of a Class A misdemeanor or any
70	70	degree of felony, on conviction the defendant [he] shall be
71	71	punished by:
72	72	(1) a fine not to exceed $4,000;
73	73	(2) confinement in jail for any term of not more than
74	74	one year or less than 90 days; or
75	75	(3) both such fine and confinement.
76	76	(b-1) An offense that is a Class A misdemeanor is a state
77	77	jail felony if it is shown on the trial of the offense that:
78	78	(1) the defendant has been previously convicted four
79	79	or more times of a Class A misdemeanor or any degree of felony; and
80	80	(2) each of the previous offenses was committed in the
81	81	10-year period preceding the date of commission of the instant
82	82	offense.
83	83	SECTION 5. Article 42A.551(d), Code of Criminal Procedure,
84	84	is amended to read as follows:
85	85	(d) On conviction of a state jail felony punished under
86	86	Section 12.35(a) or 12.43(b-1), Penal Code, other than a state jail
87	87	felony listed in Subsection (a), subject to Subsection (e), the
88	88	judge may:
89	89	(1) suspend the imposition of the sentence and place
90	90	the defendant on community supervision; or
91	91	(2) order the sentence to be executed:
92	92	(A) in whole; or
93	93	(B) in part, with a period of community
94	94	supervision to begin immediately on release of the defendant from
95	95	confinement.
96	96	SECTION 6. The change in law made by this Act applies only
97	97	to an offense committed on or after the effective date of this Act.
98	98	An offense committed before the effective date of this Act is
99	99	governed by the law in effect on the date the offense was committed,
100	100	and the former law is continued in effect for that purpose. For
101	101	purposes of this section, an offense was committed before the
102	102	effective date of this Act if any element of the offense occurred
103	103	before that date.
104	104	SECTION 7. This Act takes effect September 1, 2021.