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.