BILL ANALYSIS
C.S.H.B. 93
By: Kamel (Shapiro)
Criminal Justice
05-22-95
Senate Committee Report (Substituted)
BACKGROUND
Currently, if an intoxicated person fatally injures another person
or persons in a motor vehicle accident, the offender may be charged
with intoxication manslaughter. This charge is a second degree
felony regardless of the number of persons fatally injured.
PURPOSE
As proposed, C.S.H.B. 93 increases the penalty for fatally injuring
more than one person in a motor vehicle accident if the offender is
intoxicated.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 3.03, Penal Code, as follows:
Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME
CRIMINAL EPISODE. (a) Created from existing text. Makes a
conforming change.
(b) Authorizes the sentences, if the accused is found
guilty of more than one offense arising out of the same
criminal episode, to run concurrently or consecutively if
each sentence is for a conviction of an offense under
Section 49.08 or an offense for which a plea agreement was
reached in a case in which the accused was charged with more
than one offense under Section 49.08.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.