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.