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.