| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the imposition of consecutive sentences for certain |
|
|
offenses arising out of the same criminal episode. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 3.03(b), Penal Code, is amended to read |
|
|
as follows: |
|
|
(b) If the accused is found guilty of more than one offense |
|
|
arising out of the same criminal episode, the sentences may run |
|
|
concurrently or consecutively if each sentence is for a conviction |
|
|
of: |
|
|
(1) an offense: |
|
|
(A) under Section 49.07 or 49.08, regardless of |
|
|
whether the accused is convicted of violations of the same section |
|
|
more than once or is convicted of violations of both sections; or |
|
|
(B) for which a plea agreement was reached in a |
|
|
case in which the accused was charged with more than one offense |
|
|
listed in Paragraph (A), regardless of whether the accused is |
|
|
charged with violations of the same section more than once or is |
|
|
charged with violations of both sections; |
|
|
(2) an offense: |
|
|
(A) under Section 33.021 or an offense under |
|
|
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed |
|
|
against a victim younger than 17 years of age at the time of the |
|
|
commission of the offense regardless of whether the accused is |
|
|
convicted of violations of the same section more than once or is |
|
|
convicted of violations of more than one section; or |
|
|
(B) for which a plea agreement was reached in a |
|
|
case in which the accused was charged with more than one offense |
|
|
listed in Paragraph (A) committed against a victim younger than 17 |
|
|
years of age at the time of the commission of the offense regardless |
|
|
of whether the accused is charged with violations of the same |
|
|
section more than once or is charged with violations of more than |
|
|
one section; |
|
|
(3) an offense: |
|
|
(A) under Section 21.15 or 43.26, regardless of |
|
|
whether the accused is convicted of violations of the same section |
|
|
more than once or is convicted of violations of both sections; or |
|
|
(B) for which a plea agreement was reached in a |
|
|
case in which the accused was charged with more than one offense |
|
|
listed in Paragraph (A), regardless of whether the accused is |
|
|
charged with violations of the same section more than once or is |
|
|
charged with violations of both sections; |
|
|
(4) an offense for which the judgment in the case |
|
|
contains an affirmative finding under Article 42.0197, Code of |
|
|
Criminal Procedure; |
|
|
(5) an offense: |
|
|
(A) under Section 20A.02, 20A.03, or 43.05, |
|
|
regardless of whether the accused is convicted of violations of the |
|
|
same section more than once or is convicted of violations of more |
|
|
than one section; or |
|
|
(B) for which a plea agreement was reached in a |
|
|
case in which the accused was charged with more than one offense |
|
|
listed in Paragraph (A), regardless of whether the accused is |
|
|
charged with violations of the same section more than once or is |
|
|
charged with violations of more than one section; [or] |
|
|
(6) an offense: |
|
|
(A) under Section 22.04(a)(1) or (2) or Section |
|
|
22.04(a-1)(1) or (2) that is punishable as a felony of the first |
|
|
degree, regardless of whether the accused is convicted of |
|
|
violations of the same section more than once or is convicted of |
|
|
violations of more than one section; or |
|
|
(B) for which a plea agreement was reached in a |
|
|
case in which the accused was charged with more than one offense |
|
|
listed in Paragraph (A) and punishable as described by that |
|
|
paragraph, regardless of whether the accused is charged with |
|
|
violations of the same section more than once or is charged with |
|
|
violations of more than one section; or |
|
|
(7) any combination of offenses listed in Subdivisions |
|
|
(1)-(6). |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |