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Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.
(a) [amended 9/1/95] 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) [amended 9/1/95] 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 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.
Before 9/1/95 (a) and (b) provided:
(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 confinement in jail for any term of not more than one year or less than 90 days.
(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 confinement in jail for any term of not more than 180 days or less than 30 days.
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© 2006 Lang Baker