1-1  By:  Kamel (Senate Sponsor - Shapiro)                   H.B. No. 93
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 16, 1995, read first time and referred to Committee on Criminal
    1-4  Justice; May 22, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 5, Nays 0; May 22, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 93                   By:  Shapiro
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the imposition of a sentence for the offense of
   1-11  intoxication manslaughter.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 3.03, Penal Code, is amended to read as
   1-14  follows:
   1-15        Sec. 3.03.  Sentences for Offenses Arising Out of Same
   1-16  Criminal Episode.  (a)  When the accused is found guilty of more
   1-17  than one offense arising out of the same criminal episode
   1-18  prosecuted in a single criminal action, a sentence for each offense
   1-19  for which he has been found guilty shall be pronounced.  Except as
   1-20  provided by Subsection (b), the <Such> sentences shall run
   1-21  concurrently.
   1-22        (b)  If the accused is found guilty of more than one offense
   1-23  arising out of the same criminal episode, the sentences may run
   1-24  concurrently or consecutively if each sentence is for a conviction
   1-25  of:
   1-26              (1)  an offense under Section 49.08; or
   1-27              (2)  an offense for which a plea agreement was reached
   1-28  in a case in which the accused was charged with more than one
   1-29  offense under Section 49.08.
   1-30        SECTION 2.  (a)  The change in law made by this Act applies
   1-31  to the joinder of prosecutions of offenses arising out of a single
   1-32  criminal episode only if each offense is committed on or after the
   1-33  effective date of this Act.  For purposes of this section, an
   1-34  offense is committed before the effective date of this Act if any
   1-35  element of the offense occurs before the effective date.
   1-36        (b)  The joinder of prosecutions for offenses arising out of
   1-37  a single criminal episode if any of the offenses were committed
   1-38  before the effective date of this Act is covered by the law in
   1-39  effect before the changes made by this Act, and the former law is
   1-40  continued in effect for that purpose.
   1-41        SECTION 3.  This Act takes effect September 1, 1995.
   1-42        SECTION 4.  The importance of this legislation and the
   1-43  crowded condition of the calendars in both houses create an
   1-44  emergency and an imperative public necessity that the
   1-45  constitutional rule requiring bills to be read on three several
   1-46  days in each house be suspended, and this rule is hereby suspended.
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