H.B. No. 93
1-1 AN ACT
1-2 relating to the imposition of a sentence for the offense of
1-3 intoxication manslaughter.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.03, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 3.03. Sentences for Offenses Arising Out of Same
1-8 Criminal Episode. (a) When the accused is found guilty of more
1-9 than one offense arising out of the same criminal episode
1-10 prosecuted in a single criminal action, a sentence for each offense
1-11 for which he has been found guilty shall be pronounced. Except as
1-12 provided by Subsection (b), the <Such> sentences shall run
1-13 concurrently.
1-14 (b) If the accused is found guilty of more than one offense
1-15 arising out of the same criminal episode, the sentences may run
1-16 concurrently or consecutively if each sentence is for a conviction
1-17 of:
1-18 (1) an offense under Section 49.08; or
1-19 (2) an offense for which a plea agreement was reached
1-20 in a case in which the accused was charged with more than one
1-21 offense under Section 49.08.
1-22 SECTION 2. (a) The change in law made by this Act applies
1-23 to the joinder of prosecutions of offenses arising out of a single
1-24 criminal episode only if each offense is committed on or after the
2-1 effective date of this Act. For purposes of this section, an
2-2 offense is committed before the effective date of this Act if any
2-3 element of the offense occurs before the effective date.
2-4 (b) The joinder of prosecutions for offenses arising out of
2-5 a single criminal episode if any of the offenses were committed
2-6 before the effective date of this Act is covered by the law in
2-7 effect before the changes made by this Act, and the former law is
2-8 continued in effect for that purpose.
2-9 SECTION 3. This Act takes effect September 1, 1995.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.