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.
1-47 * * * * *