|
|
|
|
|
COMMITTEE VOTE |
|
|
|
|
YeaNayAbsentPNV |
|
WhitmireX |
|
FloresX |
|
BettencourtX |
|
HinojosaX |
|
HuffmanX |
|
KingX |
|
MilesX |
|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the prosecution of and punishment for an aggravated |
|
assault occurring as part of a mass shooting; increasing a criminal |
|
penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1.07(a), Penal Code, is amended by |
|
adding Subdivision (30-a) to read as follows: |
|
(30-a) "Mass shooting" means a person's discharge of a |
|
firearm to cause serious bodily injury or death, or to attempt to |
|
cause serious bodily injury or death, to four or more persons: |
|
(A) during the same criminal transaction; or |
|
(B) during different criminal transactions but |
|
pursuant to the same scheme or course of conduct. |
|
SECTION 2. Section 3.03, Penal Code, is amended by amending |
|
Subsection (a) and adding Subsection (c) to read as follows: |
|
(a) When the accused is found guilty of more than one |
|
offense arising out of the same criminal episode prosecuted in a |
|
single criminal action, a sentence for each offense for which the |
|
accused [he] has been found guilty shall be pronounced. Except as |
|
provided by Subsections [Subsection] (b) and (c), the sentences |
|
shall run concurrently. |
|
(c) If in a single criminal action the accused is found |
|
guilty of more than one offense under Section 22.02 that arises out |
|
of the same criminal episode, the sentences run consecutively if |
|
each sentence is for a conviction of an assault punishable as a |
|
felony of the first degree under Section 22.02(b)(4). |
|
SECTION 3. Section 3.04(c), Penal Code, is amended to read |
|
as follows: |
|
(c) The right to severance under this section does not apply |
|
to a prosecution for offenses described by Section 3.03(b) or (c) |
|
unless the court determines that the defendant or the state would be |
|
unfairly prejudiced by a joinder of offenses, in which event the |
|
judge may order the offenses to be tried separately or may order |
|
other relief as justice requires. |
|
SECTION 4. Section 22.02(b), Penal Code, is amended to read |
|
as follows: |
|
(b) An offense under this section is a felony of the second |
|
degree, except that the offense is a felony of the first degree if: |
|
(1) the actor uses a deadly weapon during the |
|
commission of the assault and causes serious bodily injury to a |
|
person whose relationship to or association with the defendant is |
|
described by Section 71.0021(b), 71.003, or 71.005, Family Code; |
|
(2) regardless of whether the offense is committed |
|
under Subsection (a)(1) or (a)(2), the offense is committed: |
|
(A) by a public servant acting under color of the |
|
servant's office or employment; |
|
(B) against a person the actor knows is a public |
|
servant while the public servant is lawfully discharging an |
|
official duty, or in retaliation or on account of an exercise of |
|
official power or performance of an official duty as a public |
|
servant; |
|
(C) in retaliation against or on account of the |
|
service of another as a witness, prospective witness, informant, or |
|
person who has reported the occurrence of a crime; |
|
(D) against a person the actor knows is a process |
|
server while the person is performing a duty as a process server; or |
|
(E) against a person the actor knows is a |
|
security officer while the officer is performing a duty as a |
|
security officer; [or] |
|
(3) the actor is in a motor vehicle, as defined by |
|
Section 501.002, Transportation Code, and: |
|
(A) knowingly discharges a firearm at or in the |
|
direction of a habitation, building, or vehicle; |
|
(B) is reckless as to whether the habitation, |
|
building, or vehicle is occupied; and |
|
(C) in discharging the firearm, causes serious |
|
bodily injury to any person; or |
|
(4) the actor commits the assault as part of a mass |
|
shooting. |
|
SECTION 5. The changes in law made by this Act apply 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 6. This Act takes effect September 1, 2023. |
|
|
|
* * * * * |