Bill Text: TX HB158 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the use of certain previous convictions for enhancing the criminal penalty for certain subsequent criminal offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-13 - Referred to Criminal Jurisprudence [HB158 Detail]

Download: Texas-2019-HB158-Introduced.html

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86R1072 JSC-D
By: Canales H.B. No. 158

A BILL TO BE ENTITLED
AN ACT
relating to the use of certain previous convictions for enhancing
the criminal penalty for certain subsequent criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.415 to read as follows:
Sec. 12.415. CLASSIFICATION OF CERTAIN PREVIOUS OFFENSES
FOR PURPOSES OF SUBSEQUENT ENHANCEMENT. (a) This section applies
only to an offense for which the penalty was enhanced as the result
of a previous conviction under the terms of a provision other than a
provision under this subchapter.
(b) A defendant's conviction of an offense described by
Subsection (a) may be used to enhance the penalty for a subsequent
offense for purposes of this subchapter based only on the class or
degree of offense that would have otherwise applied to the offense
described by Subsection (a) if the state had not proved the previous
conviction.
SECTION 2. The change in law made by this Act applies only
to the enhancement of punishment under Subchapter D, Chapter 12,
Penal Code, for an offense committed on or after the effective date
of this Act. An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 3. This Act takes effect September 1, 2019.