Court Opinions

State Laws

US Code

US Constitution

Texas Penal Code - Section 12.42. Penalties For Repeat And Habitual Felony Offenders

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 12.42. Penalties For Repeat And Habitual Felony Offenders

§ 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY 
OFFENDERS.  (a)(1) If it is shown on the trial of a state jail 
felony punishable under Section 12.35(a) that the defendant has 
previously been finally convicted of two state jail felonies, on 
conviction the defendant shall be punished for a third-degree 
felony.
		(2)  If it is shown on the trial of a state jail felony 
punishable under Section 12.35(a) that the defendant has previously 
been finally convicted of two felonies, and the second previous 
felony conviction is for an offense that occurred subsequent to the 
first previous conviction having become final, on conviction the 
defendant shall be punished for a second-degree felony.
		(3)  If it is shown on the trial of a state jail felony 
punishable under Section 12.35(c) or on the trial of a third-degree 
felony that the defendant has been once before convicted of a 
felony, on conviction he shall be punished for a second-degree 
felony.
	(b)  If it is shown on the trial of a second-degree felony 
that the defendant has been once before convicted of a felony, on 
conviction he shall be punished for a first-degree felony.
	(c)(1) Except as provided by Subdivision (2), if it is shown 
on the trial of a first-degree felony that the defendant has been 
once before convicted of a felony, on conviction he shall be 
punished by imprisonment in the institutional division of the Texas 
Department of Criminal Justice for life, or for any term of not more 
than 99 years or less than 15 years.  In addition to imprisonment, 
an individual may be punished by a fine not to exceed $10,000.
		(2)  A defendant shall be punished by imprisonment in 
the institutional division for life if:
			(A)  the defendant is convicted of an offense:                               
				(i)  under Section 22.021 or 22.011, Penal 
Code;                          
				(ii)  under Section 20.04(a)(4), Penal Code, 
if the defendant committed the offense with the intent to violate or 
abuse the victim sexually;  or
				(iii)  under Section 30.02, Penal Code, 
punishable under Subsection (d) of that section, if the defendant 
committed the offense with the intent to commit a felony described 
by Subparagraph (i) or (ii) or a felony under Section 21.11 or 
22.011, Penal Code;  and
			(B)  the defendant has been previously convicted 
of an offense:            
				(i)  under Section 43.25 or 43.26, Penal 
Code, or an offense under Section 43.23, Penal Code, punishable 
under Subsection (h) of that section;
				(ii)  under Section 21.11, 22.011, 22.021, 
or 25.02, Penal Code;          
				(iii)  under Section 20.04(a)(4), Penal 
Code, if the defendant committed the offense with the intent to 
violate or abuse the victim sexually;
				(iv)  under Section 30.02, Penal Code, 
punishable under Subsection (d) of that section, if the defendant 
committed the offense with the intent to commit a felony described 
by Subparagraph (ii) or (iii);  or
				(v)  under the laws of another state 
containing elements that are substantially similar to the elements 
of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
	(d)  If it is shown on the trial of a felony offense other 
than a state jail felony punishable under Section 12.35(a) that the 
defendant has previously been finally convicted of two felony 
offenses, and the second previous felony conviction is for an 
offense that occurred subsequent to the first previous conviction 
having become final, on conviction he shall be punished by 
imprisonment in the institutional division of the Texas Department 
of Criminal Justice for life, or for any term of not more than 99 
years or less than 25 years.
	(e)  A previous conviction for a state jail felony punished 
under Section 12.35(a) may not be used for enhancement purposes 
under Subsection (b), (c), or (d). 
	(f)  For the purposes of Subsections (a), (b), (c)(1), and 
(e), an adjudication by a juvenile court under Section 54.03, 
Family Code, that a child engaged in delinquent conduct on or after 
January 1, 1996, constituting a felony offense for which the child 
is committed to the Texas Youth Commission under Section 
54.04(d)(2), (d)(3), or (m), Family Code, or Section 54.05(f), 
Family Code, is a final felony conviction.
	(g)  For the purposes of Subsection (c)(2):                                    
		(1)  a defendant has been previously convicted of an 
offense listed under Subsection (c)(2)(B) if the defendant was 
adjudged guilty of the offense or entered a plea of guilty or nolo 
contendere in return for a grant of deferred adjudication, 
regardless of whether the sentence for the offense was ever imposed 
or whether the sentence was probated and the defendant was 
subsequently discharged from community supervision;  and
		(2)  a conviction under the laws of another state for an 
offense containing elements that are substantially similar to the 
elements of an offense listed under Subsection (c)(2)(B) is a 
conviction of an offense listed under Subsection (c)(2)(B).

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1983, 68th Leg., p. 1750, ch. 339, § 1, eff. 
Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 582, § 1, eff. Sept. 1, 
1985;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  
Acts 1995, 74th Leg., ch. 250, § 1, eff. Sept. 1, 1995;  Acts 
1995, 74th Leg., ch. 262, § 78, eff. Jan. 1, 1996;  Acts 1995, 
74th Leg., ch. 318, § 1, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., 
ch. 665, § 1, 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 
667, § 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, § 
15.01, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 283, § 53, 
eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1005, § 2, eff. 
Sept. 1, 2003.

Last modified: August 11, 2007