CHAPTER 12. PUNISHMENTS - Texas Statutes

PENAL CODE

TITLE 3. PUNISHMENTS

CHAPTER 12. PUNISHMENTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (a) A person

adjudged guilty of an offense under this code shall be punished

in accordance with this chapter and the Code of Criminal

Procedure.

(b) Penal laws enacted after the effective date of this code

shall be classified for punishment purposes in accordance with

this chapter.

(c) This chapter does not deprive a court of authority conferred

by law to forfeit property, dissolve a corporation, suspend or

cancel a license or permit, remove a person from office, cite for

contempt, or impose any other civil penalty. The civil penalty

may be included in the sentence.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 12.02. CLASSIFICATION OF OFFENSES. Offenses are designated

as felonies or misdemeanors.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 12.03. CLASSIFICATION OF MISDEMEANORS. (a) Misdemeanors

are classified according to the relative seriousness of the

offense into three categories:

(1) Class A misdemeanors;

(2) Class B misdemeanors;

(3) Class C misdemeanors.

(b) An offense designated a misdemeanor in this code without

specification as to punishment or category is a Class C

misdemeanor.

(c) Conviction of a Class C misdemeanor does not impose any

legal disability or disadvantage.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are

classified according to the relative seriousness of the offense

into five categories:

(1) capital felonies;

(2) felonies of the first degree;

(3) felonies of the second degree;

(4) felonies of the third degree; and

(5) state jail felonies.

(b) An offense designated a felony in this code without

specification as to category is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 2, Sec.

3, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

eff. Sept. 1, 1994.

SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS

Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty

of a Class A misdemeanor shall be punished by:

(1) a fine not to exceed $4,000;

(2) confinement in jail for a term not to exceed one year; or

(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty

of a Class B misdemeanor shall be punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty

of a Class C misdemeanor shall be punished by a fine not to

exceed $500.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS

Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged guilty

of a capital felony in a case in which the state seeks the death

penalty shall be punished by imprisonment in the Texas Department

of Criminal Justice for life without parole or by death. An

individual adjudged guilty of a capital felony in a case in which

the state does not seek the death penalty shall be punished by

imprisonment in the Texas Department of Criminal Justice for:

(1) life, if the individual's case was transferred to the court

under Section 54.02, Family Code; or

(2) life without parole.

(b) In a capital felony trial in which the state seeks the death

penalty, prospective jurors shall be informed that a sentence of

life imprisonment without parole or death is mandatory on

conviction of a capital felony. In a capital felony trial in

which the state does not seek the death penalty, prospective

jurors shall be informed that the state is not seeking the death

penalty and that:

(1) a sentence of life imprisonment is mandatory on conviction

of the capital felony, if the case was transferred to the court

under Section 54.02, Family Code; or

(2) a sentence of life imprisonment without parole is mandatory

on conviction of the capital felony.

Added by Acts 1973, 63rd Leg., p. 1124, ch. 426, art. 2, Sec. 2,

eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 652, Sec.

12, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 838, Sec. 4,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,

eff. Sept. 1, 1994.

Amended by:

Acts 2005, 79th Leg., Ch.

787, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.145, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

765, Sec. 1, eff. September 1, 2009.

Sec. 12.32. FIRST DEGREE FELONY PUNISHMENT. (a) An individual

adjudged guilty of a felony of the first degree 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 5

years.

(b) In addition to imprisonment, an individual adjudged guilty

of a felony of the first degree may be punished by a fine not to

exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Renumbered from Penal Code Sec. 12.31 by Acts 1973, 63rd Leg., p.

1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974. Amended by Acts

1979, 66th Leg., p. 1058, ch. 488, Sec. 1, eff. Sept. 1, 1979;

Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.146, eff. September 1, 2009.

Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual

adjudged guilty of a felony of the second degree shall be

punished by imprisonment in the Texas Department of Criminal

Justice for any term of not more than 20 years or less than 2

years.

(b) In addition to imprisonment, an individual adjudged guilty

of a felony of the second degree may be punished by a fine not to

exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Renumbered from Penal Code Sec. 12.32 by Acts 1973, 63rd Leg., p.

1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1, 1974. Amended by Acts

1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.147, eff. September 1, 2009.

Sec. 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An individual

adjudged guilty of a felony of the third degree shall be punished

by imprisonment in the Texas Department of Criminal Justice for

any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty

of a felony of the third degree may be punished by a fine not to

exceed $10,000.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Renumbered from Penal Code Sec. 12.33 by Acts 1973, 63rd Leg., p.

1124, ch. 426, art. 2, Sec. 2, eff. Jan. 1,1974. Amended by Acts

1989, 71st Leg., ch. 785, Sec. 4.01, eff. Sept. 1, 1989; Acts

1990, 71st Leg., 6th C.S., ch. 25, Sec. 7, eff. June 18, 1990;

Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.148, eff. September 1, 2009.

Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as

provided by Subsection (c), an individual adjudged guilty of a

state jail felony shall be punished by confinement in a state

jail for any term of not more than two years or less than 180

days.

(b) In addition to confinement, an individual adjudged guilty of

a state jail felony may be punished by a fine not to exceed

$10,000.

(c) An individual adjudged guilty of a state jail felony shall

be punished for a third degree felony if it is shown on the trial

of the offense that:

(1) a deadly weapon as defined by Section 1.07 was used or

exhibited during the commission of the offense or during

immediate flight following the commission of the offense, and

that the individual used or exhibited the deadly weapon or was a

party to the offense and knew that a deadly weapon would be used

or exhibited; or

(2) the individual has previously been finally convicted of any

felony:

(A) under Section 21.02 or listed in Section 3g(a)(1), Article

42.12, Code of Criminal Procedure; or

(B) for which the judgment contains an affirmative finding under

Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.48, eff. September 1, 2007.

SUBCHAPTER D. EXCEPTIONAL SENTENCES

Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE. For

purposes of this subchapter, any conviction not obtained from a

prosecution under this code shall be classified as follows:

(1) "felony of the third degree" if imprisonment in the Texas

Department of Criminal Justice or another penitentiary is affixed

to the offense as a possible punishment;

(2) "Class B misdemeanor" if the offense is not a felony and

confinement in a jail is affixed to the offense as a possible

punishment;

(3) "Class C misdemeanor" if the offense is punishable by fine

only.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.149, eff. September 1, 2009.

Sec. 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) Except as provided by Subsection (c)(2), 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) Except as provided by Subsection (c)(2), 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) 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 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 21.11(a)(1), 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, 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 21.02, 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).

(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 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(f)(1) or was committed

against a victim described by Section 22.021(f)(2) and in a

manner described by Section 22.021(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; and

(ii) was committed against a victim described by Section

22.021(f)(1) or was committed against a victim described by

Section 22.021(f)(2) and in a manner substantially similar to a

manner described by Section 22.021(a)(2)(A).

(4) Notwithstanding Subdivision (1) or (2), 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 21.02 that the defendant has previously

been finally convicted of:

(A) an offense under Section 21.02; 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 21.02.

(d) Except as provided by Subsection (c)(2), 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 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, 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, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

340, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

340, Sec. 3, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

340, Sec. 4, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.14, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.15, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.16, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.150, eff. September 1, 2009.

Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR

OFFENDERS. (a) If it is shown on the trial of a Class A

misdemeanor that the defendant has been before convicted of a

Class A misdemeanor or any degree of felony, on conviction he

shall be punished by:

(1) a fine not to exceed $4,000;

(2) confinement in jail for any term of not more than one year

or less than 90 days; or

(3) both such fine and confinement.

(b) If it is shown on the trial of a Class B misdemeanor that

the defendant has been before convicted of a Class A or Class B

misdemeanor or any degree of felony, on conviction he shall be

punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for any term of not more than 180 days

or less than 30 days; or

(3) both such fine and confinement.

(c) If it is shown on the trial of an offense punishable as a

Class C misdemeanor under Section 42.01 or 49.02 that the

defendant has been before convicted under either of those

sections three times or three times for any combination of those

offenses and each prior offense was committed in the 24 months

preceding the date of commission of the instant offense, the

defendant shall be punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and confinement.

(d) If the punishment scheme for an offense contains a specific

enhancement provision increasing punishment for a defendant who

has previously been convicted of the offense, the specific

enhancement provision controls over this section.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept.

1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 2, eff. Sept. 1,

1995; Acts 1999, 76th Leg., ch. 564, Sec. 1, eff. Sept. 1, 1999.

Sec. 12.44. REDUCTION OF STATE JAIL FELONY PUNISHMENT TO

MISDEMEANOR PUNISHMENT. (a) A court may punish a defendant who

is convicted of a state jail felony by imposing the confinement

permissible as punishment for a Class A misdemeanor if, after

considering the gravity and circumstances of the felony committed

and the history, character, and rehabilitative needs of the

defendant, the court finds that such punishment would best serve

the ends of justice.

(b) At the request of the prosecuting attorney, the court may

authorize the prosecuting attorney to prosecute a state jail

felony as a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.02, eff. Sept.

1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994; Acts 1995, 74th Leg., ch. 318, Sec. 3, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1276, Sec. 1, eff. September 1, 2005.

Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A person

may, with the consent of the attorney for the state, admit during

the sentencing hearing his guilt of one or more unadjudicated

offenses and request the court to take each into account in

determining sentence for the offense or offenses of which he

stands adjudged guilty.

(b) Before a court may take into account an admitted offense

over which exclusive venue lies in another county or district,

the court must obtain permission from the prosecuting attorney

with jurisdiction over the offense.

(c) If a court lawfully takes into account an admitted offense,

prosecution is barred for that offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1983, 68th Leg., p. 4131, ch. 649, Sec. 1, eff.

Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.

Sept. 1, 1994.

Sec. 12.46. USE OF PRIOR CONVICTIONS. The use of a conviction

for enhancement purposes shall not preclude the subsequent use of

such conviction for enhancement purposes.

Added by Acts 1979, 66th Leg., p. 1027, ch. 459, Sec. 1, eff.

June 7, 1979. Amended by Acts 1993, 73rd Leg., ch. 900, Sec.

1.01, eff. Sept. 1, 1994.

Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR

PREJUDICE. (a) If an affirmative finding under Article 42.014,

Code of Criminal Procedure, is made in the trial of an offense

other than a first degree felony or a Class A misdemeanor, the

punishment for the offense is increased to the punishment

prescribed for the next highest category of offense. If the

offense is a Class A misdemeanor, the minimum term of confinement

for the offense is increased to 180 days. This section does not

apply to the trial of an offense of injury to a disabled

individual under Sec. 22.04, if the affirmative finding in the

case under Article 42.014, Code of Criminal Procedure, shows that

the defendant intentionally selected the victim because the

victim was disabled.

(b) The attorney general, if requested to do so by a prosecuting

attorney, may assist the prosecuting attorney in the

investigation or prosecution of an offense committed because of

bias or prejudice. The attorney general shall designate one

individual in the division of the attorney general's office that

assists in the prosecution of criminal cases to coordinate

responses to requests made under this subsection.

Added by Acts 1993, 73rd Leg., ch. 987, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 751, Sec. 1, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 85, Sec. 1.01, eff.

Sept. 1, 2001.

Sec. 12.48. CERTAIN OFFENSES RESULTING IN LOSS TO NURSING AND

CONVALESCENT HOMES. If it is shown on the trial of an offense

under Chapter 31 or 32 that, as a result of a loss incurred

because of the conduct charged, a trustee was appointed and

emergency assistance funds, other than funds used to pay the

expenses of the trustee, were used for a nursing or convalescent

home under Subchapter D, Chapter 242, Health and Safety Code, the

punishment for the offense is increased to the punishment

prescribed for the next higher category of offense except that a

felony of the first degree is punished as a felony of the first

degree.

Added by Acts 1999, 76th Leg., ch. 439, Sec. 4, eff. Sept. 1,

1999.

Sec. 12.49. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT

OFFENSE. If the court makes an affirmative finding under Article

42.012, Code of Criminal Procedure, in the punishment phase of

the trial of an offense under Chapter 29, Chapter 31, or Title 5,

other than a first degree felony or a Class A misdemeanor, the

punishment for the offense is increased to the punishment

prescribed for the next highest category of offense. If the

offense is a Class A misdemeanor, the minimum term of confinement

for the offense is increased to 180 days.

Added by Acts 1999, 76th Leg., ch. 417, Sec. 2(a), eff. Sept. 1,

1999. Renumbered from Penal Code Sec. 12.48 and amended by Acts

2001, 77th Leg., ch. 1420, Sec. 21.001(93), 21.002(15), eff.

Sept. 1, 2001.

Sec. 12.50. PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR

EVACUATED AREA. (a) Subject to Subsection (c), the punishment

for an offense described by Subsection (b) is increased to the

punishment prescribed for the next higher category of offense if

it is shown on the trial of the offense that the offense was

committed in an area that was, at the time of the offense:

(1) subject to a declaration of a state of disaster made by:

(A) the president of the United States under the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

Section 5121 et seq.);

(B) the governor under Section 418.014, Government Code; or

(C) the presiding officer of the governing body of a political

subdivision under Section 418.108, Government Code; or

(2) subject to an emergency evacuation order.

(b) The increase in punishment authorized by this section

applies only to an offense under:

(1) Section 22.01;

(2) Section 29.02;

(3) Section 30.02; and

(4) Section 31.03.

(c) If an offense listed under Subsection (b)(1) or (4) is

punishable as a Class A misdemeanor, the minimum term of

confinement for the offense is increased to 180 days. If an

offense listed under Subsection (b)(3) or (4) is punishable as a

felony of the first degree, the punishment for that offense may

not be increased under this section.

(d) It is a defense to a charge under Subsection (b)(4) that the

conduct in question meets the elements of necessity outlined in

Section 9.22.

(e) For purposes of this section, "emergency evacuation order"

means an official statement issued by the governing body of this

state or a political subdivision of this state to recommend or

require the evacuation of all or part of the population of an

area stricken or threatened with a disaster.

Added by Acts 2009, 81st Leg., R.S., Ch.

731, Sec. 1, eff. September 1, 2009.

SUBCHAPTER E. CORPORATIONS AND ASSOCIATIONS

Sec. 12.51. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND

ASSOCIATIONS. (a) If a corporation or association is adjudged

guilty of an offense that provides a penalty consisting of a fine

only, a court may sentence the corporation or association to pay

a fine in an amount fixed by the court, not to exceed the fine

provided by the offense.

(b) If a corporation or association is adjudged guilty of an

offense that provides a penalty including imprisonment, or that

provides no specific penalty, a court may sentence the

corporation or association to pay a fine in an amount fixed by

the court, not to exceed:

(1) $20,000 if the offense is a felony of any category;

(2) $10,000 if the offense is a Class A or Class B misdemeanor;

(3) $2,000 if the offense is a Class C misdemeanor; or

(4) $50,000 if, as a result of an offense classified as a felony

or Class A misdemeanor, an individual suffers serious bodily

injury or death.

(c) In lieu of the fines authorized by Subsections (a), (b)(1),

(b)(2), and (b)(4), if a court finds that the corporation or

association gained money or property or caused personal injury or

death, property damage, or other loss through the commission of a

felony or Class A or Class B misdemeanor, the court may sentence

the corporation or association to pay a fine in an amount fixed

by the court, not to exceed double the amount gained or caused by

the corporation or association to be lost or damaged, whichever

is greater.

(d) In addition to any sentence that may be imposed by this

section, a corporation or association that has been adjudged

guilty of an offense may be ordered by the court to give notice

of the conviction to any person the court deems appropriate.

(e) On conviction of a corporation or association, the court

shall notify the attorney general of that fact.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1977, 65th Leg., p. 1917, ch. 768, Sec. 1, eff.

June 16, 1977; Acts 1987, 70th Leg., ch. 1085, Sec. 1, eff. Sept.

1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,

1994.