By Solis H.B. No. 469
74R187 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of consecutive sentences for multiple
1-3 offenses of intoxication manslaughter arising out of the same
1-4 criminal episode.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3.03, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 3.03. Sentences for Offenses Arising Out of Same
1-9 Criminal Episode. When the accused is found guilty of more than
1-10 one offense arising out of the same criminal episode prosecuted in
1-11 a single criminal action, sentence for each offense for which he
1-12 has been found guilty shall be pronounced. Except as provided by
1-13 Section 3.05, the <Such> sentences shall run concurrently.
1-14 SECTION 2. Section 3.04(b), Penal Code, is amended to read
1-15 as follows:
1-16 (b) In the event of severance under this section, the
1-17 provisions of Section 3.03 do not apply, and, except as provided by
1-18 Section 3.05, the court in its discretion may order the sentences
1-19 to run either concurrently or consecutively.
1-20 SECTION 3. Chapter 3, Penal Code, is amended by adding
1-21 Section 3.05 to read as follows:
1-22 Sec. 3.05. MULTIPLE OFFENSES OF INTOXICATION MANSLAUGHTER.
1-23 If the defendant is convicted of more than one offense under
1-24 Section 49.08 (intoxication manslaughter) arising out of the same
2-1 criminal episode, the sentences for the offenses run consecutively.
2-2 SECTION 4. Article 42.08, Code of Criminal Procedure, is
2-3 amended by amending Subsection (a) and by adding Subsection (d) to
2-4 read as follows:
2-5 (a) When the same defendant has been convicted in two or
2-6 more cases, judgment and sentence shall be pronounced in each case
2-7 in the same manner as if there had been but one conviction. Except
2-8 as provided by Sections (b), (c), and (d) <and (c)> of this
2-9 article, in the discretion of the court, the judgment in the second
2-10 and subsequent convictions may either be that the sentence imposed
2-11 or suspended shall begin when the judgment and the sentence imposed
2-12 or suspended in the preceding conviction has ceased to operate, or
2-13 that the sentence imposed or suspended shall run concurrently with
2-14 the other case or cases, and sentence and execution shall be
2-15 accordingly; provided, however, that the cumulative total of
2-16 suspended sentences in felony cases shall not exceed 10 years, and
2-17 the cumulative total of suspended sentences in misdemeanor cases
2-18 shall not exceed the maximum period of confinement in jail
2-19 applicable to the misdemeanor offenses, though in no event more
2-20 than three years, including extensions of periods of community
2-21 supervision under Section 22, Article 42.12, of this code, if none
2-22 of the offenses are offenses under Chapter 49, Penal Code, or four
2-23 years, including extensions, if any of the offenses are offenses
2-24 under Chapter 49, Penal Code.
2-25 (d) If the defendant is convicted of more than one offense
2-26 under Section 49.08, Penal Code (intoxication manslaughter),
2-27 arising out of the same criminal episode, the court may not order
3-1 the sentences imposed or suspended to run concurrently. In this
3-2 subsection, "criminal episode" has the meaning assigned by Section
3-3 3.01, Penal Code.
3-4 SECTION 5. (a) The change in law made by this Act applies
3-5 only to a defendant sentenced for an offense committed on or after
3-6 the effective date of this Act. For purposes of this section, an
3-7 offense is committed before the effective date of this Act if any
3-8 element of the offense occurs before the effective date.
3-9 (b) A defendant sentenced for an offense committed before
3-10 the effective date of this Act is covered by the law in effect when
3-11 the offense was committed, and the former law is continued in
3-12 effect for this purpose.
3-13 SECTION 6. This Act takes effect September 1, 1995.
3-14 SECTION 7. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.