Penalties for Repeat and Habitual Felony Offenders - Texas Penal Code Section 12.42

§ 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).

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Comments (7) Read through and enter the discussion with the form at the end
gaylon davis - July 16, 2008 4:50 PM

how can i found out which theft en hancemes was used successfully by D.A.from my priors

Pete Sanders - July 17, 2008 7:51 PM

My fiance has been charged with a state jail felony with a sealed indictment charging Actual Transfer of less than a gram. she has 2 enhancements. If found guilty, what are the possibilities as far as sentences?

Gwen Reinke - February 17, 2010 8:01 AM

My fiance has been charged with "ONLINE HARRASSMENT & SPOOFING". Both charges are third degree felony's. He has (2) prior felony's unrelated to this charge. If found guilty,is there any chances of him getting probation & fine & jail time? I would do anything to help him stay out of prison, money is NOT a problem. Thank You.

Joe Cockrum III - October 5, 2010 9:53 PM

I have a question. If a person is charged with a third degree felony (12.11) being that the accusation took place in 2008 as alleged. Also the person whom the charge is brought against has no felony convictions on his adult record prior to alleged charge. Can the person be indicted as a "REPEATER" with the " Enhancement Allegation" presenting that previosly the person was adjudicated by a juvenile court in 1998 for a felony offense under section 54.03 of the Texas Family Code which the person was commited to the Texas Youth Commission under Section 54.04(d)(2) Texas Family Code for the felony offense of arson being that the person then was a juvenile and the juvenile offense was committed in 1996?

Joe Cockrum III - October 5, 2010 10:01 PM

** Disregard the first post because I had made a mistake on the penal code for the recent charge.(22.11) Thank you.

I have a question. If a person is charged with a third degree felony (22.11) being that the accusation took place in 2008 as alleged. Also the person whom the charge is brought against has no felony convictions on his adult record prior to alleged charge. Can the person be indicted as a "REPEATER" with the " Enhancement Allegation" presenting that previosly the person was adjudicated by a juvenile court in 1998 for a felony offense under section 54.03 of the Texas Family Code which the person was commited to the Texas Youth Commission under Section 54.04(d)(2) Texas Family Code for the felony offense of arson being that the person then was a juvenile and the juvenile offense was committed in 1996?

dan manzanares - May 13, 2012 9:20 PM

convicted of felony cocain served two years . then convicted of dwi felony served three years . now being charged of marajuna felony 3 . is inhansement to 25 to life my only choice?

v mousley - January 19, 2013 2:14 AM

since convicted felons are not eligible to serve as jurors it is not possible a person tried on enhanced chargesto be judged by an impartial jury of their peers,or to be sentenced by one.Yet, we continue to hold men in cages for decades for "social ills"Men who have never even been accussed of the slightest threat to another member of society..

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