HBA-RAR H.B. 418 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 418
By: Talton
Criminal Jurisprudence
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, certain state jail felony offenses cannot be considered for
sentencing purposes under the habitual offender punishment provisions.
H.B. 418 requires a person convicted three times of a felony offense,
including state jail felonies, to be sentenced to life in prison or for a
term of no more than 99 years and no less than 25 years. 

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 Section 12.42(d), Penal Code, to delete the exception of
a state jail felony punishable under Section 12.35(a), Penal Code (State
Jail Felony Punishment), from the offenses for which a defendant previously
convicted of two felony offenses is required to be punished by imprisonment
for life, or for any term of not more than 99 years or less than 25 years.  

SECTION 2.  Makes application of this Act prospective. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.