HBA-NMO H.B. 3332 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3332 By: Solis, Juan Criminal Jurisprudence 4/16/1999 Introduced BACKGROUND AND PURPOSE Current law requires a jury, if a defendant is a repeat and habitual offender, to assess enhanced punishment. For example, the law requires that a defendant be punished for a third-degree felony, if it is shown on trial of a state jail felony that the defendant has previously been convicted of two state jail felonies. H.B. 3332 authorizes a jury to assess the ordinary punishment provided for the offense for which the defendant is being tried, on a unanimous determination by the jury that the enhanced punishment would result in disproportionate or unfair punishment. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 12, Penal Code, by adding Section 12.421, as follows: Sec. 12.421. ENHANCEMENT OPTIONS. Authorizes a jury assessing punishment in a criminal case in which one or more prior convictions are alleged and shown for enhancement purposes to assess punishment as provided by Section 12.42 (Penalties for Repeat and Habitual Felony Offenders) or 12.43 (Penalties for Repeat and Habitual Misdemeanor Offenders), as appropriate; or assess the punishment provided for the offense for which the defendant is being tried, on a unanimous determination by the jury that the enhanced punishment would result in disproportionate or unfair punishment. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.