By:  Horn                                              H.B. No. 430
       73R2907 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the sentencing of a defendant convicted of multiple
    1-3  criminal offenses.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1, Article 42.01, Code of Criminal
    1-6  Procedure, is amended to read as follows:
    1-7        Sec. 1.  A judgment is the written declaration of the court
    1-8  signed by the trial judge and entered of record showing the
    1-9  conviction or acquittal of the defendant.  The sentence served
   1-10  shall be based on the information contained in the judgment.  The
   1-11  judgment should reflect:
   1-12              1.  The title and number of the case;
   1-13              2.  That the case was called and the parties appeared,
   1-14  naming the attorney for the state, the defendant, and the attorney
   1-15  for the defendant, or, where a defendant is not represented by
   1-16  counsel, that the defendant knowingly, intelligently, and
   1-17  voluntarily waived the right to representation by counsel;
   1-18              3.  The plea or pleas of the defendant to the offense
   1-19  charged;
   1-20              4.  Whether the case was tried before a jury or a jury
   1-21  was waived;
   1-22              5.  The submission of the evidence, if any;
   1-23              6.  In cases tried before a jury that the jury was
   1-24  charged by the court;
    2-1              7.  The verdict or verdicts of the jury or the finding
    2-2  or findings of the court;
    2-3              8.  In the event of a conviction that the defendant is
    2-4  adjudged guilty of the offense as found by the verdict of the jury
    2-5  or the finding of the court, and that the defendant be punished in
    2-6  accordance with the jury's verdict or the court's finding as to the
    2-7  proper punishment;
    2-8              9.  In the event of conviction where death or any
    2-9  nonprobated punishment is assessed that the defendant be sentenced
   2-10  to death, a term of imprisonment, or to pay a fine, as the case may
   2-11  be;
   2-12              10.  In the event of conviction where any probated
   2-13  punishment is assessed that the imposition of sentence is suspended
   2-14  and the defendant is placed on probation, setting forth the
   2-15  punishment assessed, the length of probation, and the probationary
   2-16  terms and conditions;
   2-17              11.  In the event of acquittal that the defendant be
   2-18  discharged;
   2-19              12.  The county and court in which the case was tried
   2-20  and, if there was a change of venue in the case, the name of the
   2-21  county in which the prosecution was originated;
   2-22              13.  The offense or offenses for which the defendant
   2-23  was convicted;
   2-24              14.  The date of the offense or offenses and degree of
   2-25  offense for which the defendant was convicted;
   2-26              15.  The term of sentence;
   2-27              16.  The date judgment is entered;
    3-1              17.  The date sentence is imposed;
    3-2              18.  The date sentence is to commence and any credit
    3-3  for time served;
    3-4              19.  The terms of any order entered pursuant to Article
    3-5  42.08 of this code that the defendant's sentence is to run
    3-6  consecutively <cumulatively or concurrently> with another sentence
    3-7  or sentences;
    3-8              20.  The terms of any plea bargain;
    3-9              21.  Affirmative findings entered pursuant to
   3-10  Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
   3-11  this code;
   3-12              22.  The terms of any fee payment ordered under
   3-13  Articles 37.072 and 42.151 of this code;
   3-14              23.  The defendant's thumbprint taken in accordance
   3-15  with Article 38.33 of this code;
   3-16              24.  In the event that the judge orders the defendant
   3-17  to repay a reward or part of a reward under Articles 37.073 and
   3-18  42.152 of this code, a statement of the amount of the payment or
   3-19  payments required to be made; and
   3-20              25.  In the event that the court orders restitution to
   3-21  be paid to the victim of a felony, a statement of the amount of
   3-22  restitution ordered and:
   3-23                    (A)  the name of the victim and the permanent
   3-24  mailing address of the victim at the time of the judgment; or
   3-25                    (B)  if the court determines that the inclusion
   3-26  of the victim's name and address in the judgment is not in the best
   3-27  interest of the victim, the name and address of a person or agency
    4-1  that will accept and forward restitution payments to the victim.
    4-2        SECTION 2.  Article 42.08, Code of Criminal Procedure, is
    4-3  amended to read as follows:
    4-4        Art. 42.08.  <CUMULATIVE OR> CONCURRENT SENTENCES <SENTENCE>.
    4-5  (a)  When the same defendant has been convicted in two or more
    4-6  cases, judgment and sentence shall be pronounced in each case in
    4-7  the same manner as if there had been but one conviction.  Except as
    4-8  provided by Subsection <Sections (b) and> (c) of this article, <in
    4-9  the discretion of the court,> the judgment in the second and
   4-10  subsequent convictions shall <may either> be that the sentence
   4-11  imposed or suspended shall begin when the judgment and the sentence
   4-12  imposed or suspended in the preceding conviction has ceased to
   4-13  operate<, or that the sentence imposed or suspended shall run
   4-14  concurrently with the other case or cases, and sentence and
   4-15  execution shall be accordingly>; provided, however, that the
   4-16  cumulative total of consecutive suspended sentences in felony cases
   4-17  shall not exceed 10 years, and the cumulative total of consecutive
   4-18  suspended sentences in misdemeanor cases shall not exceed the
   4-19  maximum period of imprisonment in jail applicable to the
   4-20  misdemeanor offenses, though in no event more than three years,
   4-21  including extensions of periods of probation under Section 24,
   4-22  Article 42.12, of this code, if none of the offenses are offenses
   4-23  under Article 6701l-1, Revised Statutes, or four years, including
   4-24  extensions, if any of the offenses are offenses under Article
   4-25  6701l-1, Revised Statutes.
   4-26        (b)  If a defendant is sentenced for an offense committed
   4-27  while the defendant was a prisoner in the institutional division of
    5-1  the Texas Department of Criminal Justice <Corrections> and the
    5-2  defendant has not completed the sentence he was serving at the time
    5-3  of the offense, the judge shall order the sentence for the
    5-4  subsequent offense to commence immediately on completion of the
    5-5  sentence for the original offense.
    5-6        (c)  If a defendant has been convicted in two or more cases
    5-7  and the court suspends the imposition of the sentence in one of the
    5-8  cases, the court may not order a sentence of confinement to
    5-9  commence on the completion of a suspended sentence for an offense.
   5-10        SECTION 3.  Section 498.001(2), Government Code, is amended
   5-11  to read as follows:
   5-12              (2)  "Term" means:
   5-13                    (A)  the maximum term of confinement in the
   5-14  institutional division stated in the sentence of the convicting
   5-15  court, if the inmate is serving a sentence for a single offense; or
   5-16                    (B)  the maximum term of confinement established
   5-17  by Section 8(d), Article 42.18, Code of Criminal Procedure, if the
   5-18  inmate is serving two or more sentences consecutively<; or>
   5-19                    <(C)  the longest maximum term of confinement in
   5-20  the institutional division stated in the sentence of the convicting
   5-21  court, if the inmate is serving two or more concurrent sentences>.
   5-22        SECTION 4.  (a)  Section 4, Article 42.032, Code of Criminal
   5-23  Procedure, is repealed.
   5-24        (b)  Article 43.09(c), Code of Criminal Procedure, is
   5-25  repealed.
   5-26        SECTION 5.  (a)  The change in law made by this Act,
   5-27  requiring a court to impose consecutive sentences on a defendant
    6-1  convicted of multiple offenses, applies only to sentences for
    6-2  offenses committed on or after the effective date of this Act.  For
    6-3  purposes of this section, an offense is committed before the
    6-4  effective date of this Act if any element of the offense is
    6-5  committed before the effective date.
    6-6        (b)  Sentencing for offenses committed before the effective
    6-7  date of this Act are covered by the law in effect when the offenses
    6-8  were committed, and the former law is continued in effect for this
    6-9  purpose.
   6-10        SECTION 6.  This Act takes effect September 1, 1993.
   6-11        SECTION 7.  The importance of this legislation and the
   6-12  crowded condition of the calendars in both houses create an
   6-13  emergency and an imperative public necessity that the
   6-14  constitutional rule requiring bills to be read on three several
   6-15  days in each house be suspended, and this rule is hereby suspended.