Texas Penal Code

Sec. § 12.42
Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony

(a)

Except as provided by Subsection (c)(2), if it is shown on the trial of a felony of the third degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35 (State Jail Felony Punishment)(a), on conviction the defendant shall be punished for a felony of the second degree.

(b)

Except as provided by Subsection (c)(2) or (c)(4), if it is shown on the trial of a felony of the second degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35 (State Jail Felony Punishment)(a), on conviction the defendant shall be punished for a felony of the first degree.

(c)

(1) If it is shown on the trial of a felony of the first degree that the defendant has previously been finally convicted of a felony other than a state jail felony punishable under Section 12.35 (State Jail Felony Punishment)(a), on conviction the defendant shall be punished by imprisonment in 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)

Notwithstanding Subdivision (1), a defendant shall be punished by imprisonment in the Texas Department of Criminal Justice for life if:

(A)

the defendant is convicted of an offense:

(i)

under Section 20A.02 (Trafficking of Persons)(a)(7) or (8), 21.11 (Indecency With a Child)(a)(1), 22.021 (Aggravated Sexual Assault), or 22.011 (Sexual Assault), Penal Code;

(ii)

under Section 20.04 (Aggravated Kidnapping)(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 (Burglary), 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 (Indecency With a Child), Penal Code; and

(B)

the defendant has been previously convicted of an offense:

(i)

under Section 43.25 (Sexual Performance by a Child) or 43.26 (Possession or Promotion of Child Pornography), Penal Code, or an offense under Section 43.23 (Obscenity), Penal Code, punishable under Subsection (h) of that section;

(ii)

under Section 20A.02 (Trafficking of Persons)(a)(7) or (8), 21.02 (Continuous Sexual Abuse of Young Child or Children), 21.11 (Indecency With a Child), 22.011 (Sexual Assault), 22.021 (Aggravated Sexual Assault), or 25.02 (Prohibited Sexual Conduct), Penal Code;

(iii)

under Section 20.04 (Aggravated Kidnapping)(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 (Burglary), 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).

(3)

Notwithstanding Subdivision (1) or (2), a defendant shall be punished for a capital felony if it is shown on the trial of an offense under Section 22.021 (Aggravated Sexual Assault) otherwise punishable under Subsection (f) of that section that the defendant has previously been finally convicted of:

(A)

an offense under Section 22.021 that was committed against a victim described by Section 22.021 (Aggravated Sexual Assault)(f)(1) or was committed against a victim described by Section 22.021 (Aggravated Sexual Assault)(f)(2) and in a manner described by Section 22.021 (Aggravated Sexual Assault)(a)(2)(A); or

(B)

an offense that was committed under the laws of another state that:

(i)

contains elements that are substantially similar to the elements of an offense under Section 22.021 (Aggravated Sexual Assault); and

(ii)

was committed against a victim described by Section 22.021 (Aggravated Sexual Assault)(f)(1) or was committed against a victim described by Section 22.021 (Aggravated Sexual Assault)(f)(2) and in a manner substantially similar to a manner described by Section 22.021 (Aggravated Sexual Assault)(a)(2)(A).

(4)

Notwithstanding Subdivision (1) or (2), and except as provided by Subdivision (3) for the trial of an offense under Section 22.021 (Aggravated Sexual Assault) as described by that subdivision, a defendant shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole if it is shown on the trial of an offense under Section 20A.03 (Continuous Trafficking of Persons) or of a sexually violent offense, committed by the defendant on or after the defendant’s 18th birthday, that the defendant has previously been finally convicted of:

(A)

an offense under Section 20A.03 (Continuous Trafficking of Persons) or of a sexually violent offense; or

(B)

an offense that was committed under the laws of another state and that contains elements that are substantially similar to the elements of an offense under Section 20A.03 (Continuous Trafficking of Persons) or of a sexually violent offense.

(5)

A previous conviction for a state jail felony punishable under Section 12.35 (State Jail Felony Punishment)(a) may not be used for enhancement purposes under Subdivision (2).

(d)

Except as provided by Subsection (c)(2) or (c)(4), if it is shown on the trial of a felony offense other than a state jail felony punishable under Section 12.35 (State Jail Felony Punishment)(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 the defendant shall be punished by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. A previous conviction for a state jail felony punishable under Section 12.35 (State Jail Felony Punishment)(a) may not be used for enhancement purposes under this subsection.

(e)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 834, Sec. 6, eff. September 1, 2011.

(f)

For the purposes of Subsections (a), (b), and (c)(1), an adjudication by a juvenile court under Section 54.03 (Adjudication Hearing), 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 Juvenile Justice Department under Section 54.04 (Disposition Hearing)(d)(2), (d)(3), or (m), Family Code, or Section 54.05 (Hearing to Modify Disposition)(f), Family Code, or to a post-adjudication secure correctional facility under Section 54.04011, 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).

(h)

In this section, “sexually violent offense” means an offense:

(1)

described by Article 62.001 (Definitions)(6), Code of Criminal Procedure; and

(2)

for which an affirmative finding has been entered under Article 42.015 (Finding of Age of Victim)(b) or 42A.105 (Affirmative Findings)(a), Code of Criminal Procedure, for an offense other than an offense under Section 21.02 (Continuous Sexual Abuse of Young Child or Children) or 22.021 (Aggravated Sexual Assault).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 1750, ch. 339, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 582, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, Sec. 78, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 318, Sec. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 665, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 667, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.01, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 53, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1005, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 340 (S.B. 75), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 340 (S.B. 75), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 340 (S.B. 75), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 340 (S.B. 75), Sec. 4, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.14, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.15, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.150, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.02, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 14, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 834 (H.B. 3384), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 834 (H.B. 3384), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 834 (H.B. 3384), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 834 (H.B. 3384), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 834 (H.B. 3384), Sec. 6, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1119 (H.B. 3), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1119 (H.B. 3), Sec. 4, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 16.003, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 663 (H.B. 1302), Sec. 7, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 663 (H.B. 1302), Sec. 8, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 663 (H.B. 1302), Sec. 9, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 11, eff. December 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.82, eff. January 1, 2017.
Source

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Jun. 7, 2021

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