BILL ANALYSIS

C.S.H.B. 1403

By: Johnson, Ann

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Victims of human trafficking may be subjected to multiple crimes in a single event, but in many cases current law provides for concurrent sentencing upon conviction rather than applying consecutive sentencing. For example, if a person is convicted of rape and compelling prostitution as a single event, the perpetrator of those crimes cannot be made to serve consecutive sentences. Consequently, courts are limited and may not be able to levy the appropriate punishment for the most heinous human trafficking crimes. C.S.H.B. 1403 would grant courts the option of ordering sentences for a combination of offenses in the course of the same criminal event, such as those related to human trafficking, to be served consecutively.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1403 amends the Penal Code to authorize the imposition of consecutive sentences for a person found guilty of any combination of certain offenses for which consecutive sentences may be imposed under state law if the offenses arise out of the same criminal episode.   

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1403 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute does not include an authorization to impose consecutive sentences for a person charged with any combination of certain offenses in a case resulting in a plea agreement.