HBA-JLV S.B. 1701 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1701
By: Staples
Criminal Jurisprudence
5/16/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, there is some confusion regarding the application of certain
repeat offender provisions of the Penal Code.  Senate Bill 1701 ensures
that offenders who commit an offense under older versions of the Penal Code
or the penal codes of another state are eligible as repeat offenders. 

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. 

ANALYSIS

Senate Bill 1701 amends the Penal Code to require a defendant to be
punished by imprisonment in the institutional division for life if the
defendant has been previously convicted of specified offenses, whether the
offense is an offense under the laws of another state or an offense under a
law of this state for which the Penal Code section number or offense name
has changed. 

The bill provides that the offense for the theft of property valued less
than $1,500 may be enhanced for the purposes of punishment if it is shown
that the defendant has previously been convicted of prior felony
convictions. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.