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.