Texas HB 1509: Relating to enhancing the criminal penalties for certain repeat and habitual offenders.

Bill Text

By:AAMurphy H.B.ANo.A1509
A BILL TO BE ENTITLED
AN ACT
relating to enhancing the criminal penalties for certain repeat and
habitual offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASections 12.42(a), (b), and (d), Penal Code, are
amended to read as follows:
(a)AAExcept as provided by Subsection (c)(2), if it is shown
on the trial of a felony of the third degree that the defendant has
previously been finally convicted of a felony other than a state
jail felony punishable under Section 12.35(a) or 12.43(b-1), on
conviction the defendant shall be punished for a felony of the
second degree.
(b)AAExcept as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony of the second degree that the
defendant has previously been finally convicted of a felony other
than a state jail felony punishable under Section 12.35(a) or
12.43(b-1), on conviction the defendant shall be punished for a
felony of the first degree.
(d)AAExcept as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony offense other than a state jail
felony punishable under Section 12.35(a) or 12.43(b-1) that the
defendant has previously been finally convicted of two felony
offenses, and the second previous felony conviction is for an
offense that occurred subsequent to the first previous conviction
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87R19857 MEW-D 1

having become final, on conviction the defendant shall be punished
by imprisonment in the Texas Department of Criminal Justice for
life, or for any term of not more than 99 years or less than 25
years. A previous conviction for a state jail felony punishable
under Section 12.35(a) or 12.43(b-1) may not be used for
enhancement purposes under this subsection.
SECTIONA2.AASections 12.42(c)(1) and (5), Penal Code, are
amended to read as follows:
(1)AAIf it is shown on the trial of a felony of the first
degree that the defendant has previously been finally convicted of
a felony other than a state jail felony punishable under Section
12.35(a) or 12.43(b-1), on conviction the defendant shall be
punished by imprisonment in the Texas Department of Criminal
Justice for life, or for any term of not more than 99 years or less
than 15 years.AAIn addition to imprisonment, an individual may be
punished by a fine not to exceed $10,000.
(5)AAA previous conviction for a state jail felony
punishable under Section 12.35(a) or 12.43(b-1) may not be used for
enhancement purposes under Subdivision (2).
SECTIONA3.AASection 12.425, Penal Code, is amended to read as
follows:
Sec.A12.425.AAPENALTIES FOR REPEAT AND HABITUAL FELONY
OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a)AAIf it is shown on
the trial of a state jail felony punishable under Section 12.35(a)
or 12.43(b-1) that the defendant has previously been finally
convicted of two state jail felonies punishable under Section
12.35(a) or 12.43(b-1), on conviction the defendant shall be
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H.B.ANo.A1509
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punished for a felony of the third degree.
(b)AAIf it is shown on the trial of a state jail felony
punishable under Section 12.35(a) or 12.43(b-1) that the defendant
has previously been finally convicted of two felonies other than a
state jail felony punishable under Section 12.35(a) or 12.43(b-1),
and the second previous felony conviction is for an offense that
occurred subsequent to the first previous conviction having become
final, on conviction the defendant shall be punished for a felony of
the second degree.
(c)AAIf it is shown on the trial of a state jail felony for
which punishment may be enhanced under Section 12.35(c) that the
defendant has previously been finally convicted of a felony other
than a state jail felony punishable under Section 12.35(a) or
12.43(b-1), on conviction the defendant shall be punished for a
felony of the second degree.
SECTIONA4.AASection 12.43, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a)AAExcept as provided under Subsection (b-1), if [If] it is
shown on the trial of a Class A misdemeanor that the defendant has
been previously [before] convicted of a Class A misdemeanor or any
higher category of offense [degree of felony], on conviction the
defendant [he] shall be punished by:
(1)AAa fine not to exceed $4,000;
(2)AAconfinement in jail for any term of not more than
one year or less than 90 days; or
(3)AAboth such fine and confinement.
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H.B.ANo.A1509
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(b)AAIf it is shown on the trial of a Class B misdemeanor that
the defendant has been previously [before] convicted of a [Class A
or] Class B misdemeanor or any higher category of offense [degree of
felony], on conviction the defendant [he] shall be punished by:
(1)AAa fine not to exceed $2,000;
(2)AAconfinement in jail for any term of not more than
180 days or less than 30 days; or
(3)AAb