Bill Text: TX HB1063 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to enhancing the penalties for certain repeat and habitual misdemeanor offenders.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-04-12 - Left pending in committee [HB1063 Detail]
Download: Texas-2011-HB1063-Introduced.html
82R5979 AJZ-D | ||
By: Murphy | H.B. No. 1063 |
|
||
|
||
relating to enhancing the penalties for certain repeat and habitual | ||
misdemeanor offenders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.43, Penal Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsections (b-1) and | ||
(b-2) to read as follows: | ||
(a) If it is shown on the trial of a Class A misdemeanor that | ||
the defendant has been previously [ |
||
Class A misdemeanor or any degree of felony, on conviction the | ||
defendant [ |
||
(1) a fine not to exceed $4,000; | ||
(2) confinement in jail for any term of not more than | ||
one year or less than 90 days; or | ||
(3) both such fine and confinement. | ||
(b) If it is shown on the trial of a Class B misdemeanor that | ||
the defendant has been previously [ |
||
Class A or Class B misdemeanor or any degree of felony, on | ||
conviction the defendant [ |
||
(1) a fine not to exceed $2,000; | ||
(2) confinement in jail for any term of not more than | ||
180 days or less than 30 days; or | ||
(3) both such fine and confinement. | ||
(b-1) If it is shown on the trial of a Class A or Class B | ||
misdemeanor that the defendant has been previously convicted two or | ||
more times of a Class A or Class B misdemeanor or any degree of | ||
felony, on conviction the defendant shall be punished by: | ||
(1) confinement in jail for a term of one year; or | ||
(2) both: | ||
(A) confinement in jail for a term of 180 days; | ||
and | ||
(B) electronic monitoring under the supervision | ||
of an agency designated by the magistrate for a period of 180 days | ||
immediately following release from jail. | ||
(b-2) The court shall require the defendant to directly pay | ||
the cost of any electronic monitoring imposed under Subsection | ||
(b-1) as a cost on conviction, unless the court finds that the | ||
defendant is indigent or is otherwise unable to pay all or part of | ||
the cost and enters its findings on record. | ||
SECTION 2. The change in law made by this Act applies only | ||
to 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, 2011. |