By Kamel                                                H.B. No. 95
       74R159 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the imposition of consecutive or concurrent sentences
    1-3  for criminal offenses.
    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.  When the accused is found guilty of more than
    1-9  one offense arising out of the same criminal episode prosecuted in
   1-10  a single criminal action, sentence for each offense for which he
   1-11  has been found guilty shall be pronounced.  Such sentences may
   1-12  <shall> run concurrently or consecutively.
   1-13        SECTION 2.  Section 3.04, Penal Code, is amended to read as
   1-14  follows:
   1-15        Sec. 3.04.  Severance.  (a)  Whenever two or more offenses
   1-16  have been consolidated or joined for trial under Section 3.02, the
   1-17  defendant shall have a right to a severance of the offenses.
   1-18        (b)  In the event of severance under this section, the
   1-19  <provisions of Section 3.03 do not apply, and the> court in its
   1-20  discretion may order the sentences to run either concurrently or
   1-21  consecutively.
   1-22        SECTION 3.  Article 42.08, Code of Criminal Procedure, is
   1-23  amended by adding Subsection (d) to read as follows:
   1-24        (d)  The authority of a judge to order sentences in two or
    2-1  more cases to run concurrently or consecutively applies to all
    2-2  sentences imposed by the judge during a single criminal action,
    2-3  including sentences imposed following a trial before the judge or
    2-4  jury, the acceptance of a plea agreement, or the revocation of
    2-5  community supervision.
    2-6        SECTION 4.  (a)  The change in law made by Sections 1 and 2
    2-7  of this Act applies to the joinder of prosecutions of offenses
    2-8  arising out of a single criminal episode only if each offense is
    2-9  committed on or after the effective date of this Act.  For purposes
   2-10  of this section, an offense is committed before the effective date
   2-11  of this Act if any element of the offense occurs before the
   2-12  effective date.
   2-13        (b)  The joinder of prosecutions for offenses arising out of
   2-14  a single criminal episode if any of the offenses were committed
   2-15  before the effective date of this Act is covered by the law in
   2-16  effect before the changes made by this Act, and the former law is
   2-17  continued in effect for that purpose.
   2-18        SECTION 5.  This Act takes effect September 1, 1995.
   2-19        SECTION 6.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.