By McReynolds                                          H.B. No. 521
         76R2490 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to joinder and severance in the prosecution of multiple
 1-3     offenses committed during the same criminal episode.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 3.03 and 3.04, Penal Code, are amended
 1-6     to read as follows:
 1-7           Sec. 3.03.  SENTENCES FOR OFFENSES ARISING OUT OF SAME
 1-8     CRIMINAL EPISODE.  [(a)]  When the accused is found guilty of more
 1-9     than one offense arising out of the same criminal episode
1-10     prosecuted in a single criminal  action, a sentence for each
1-11     offense for which he has been found guilty shall be pronounced.
1-12     The [Except as provided by Subsection (b), the sentences shall run
1-13     concurrently.]
1-14           [(b)  If the accused is found guilty of more than one offense
1-15     arising out of the same criminal episode, the] sentences may run
1-16     concurrently or consecutively [if each sentence is for a conviction
1-17     of:]
1-18                 [(1)  an offense:]
1-19                       [(A)  under Section 49.08; or]
1-20                       [(B)  for which a plea agreement was reached in a
1-21     case in which the accused was charged with more than one offense
1-22     under Section 49.08; or]
1-23                 [(2)  an offense:]
1-24                       [(A)  under Section 21.11, 22.011, 22.021, 25.02,
 2-1     or 43.25 committed against a victim younger than 17 years of age at
 2-2     the time of the commission of the offense regardless of whether the
 2-3     accused is convicted of violations of the same section more than
 2-4     once or is convicted of violations of more than one section; or]
 2-5                       [(B)  for which a plea agreement was reached in a
 2-6     case in which the accused was charged with more than one offense
 2-7     listed in Paragraph (A) committed against a victim younger than 17
 2-8     years of age at the time of the commission of the offense
 2-9     regardless of whether the accused is charged with violations of the
2-10     same section more than once or is charged with violations of more
2-11     than one section].
2-12           Sec. 3.04.  SEVERANCE.  (a)  Whenever two or more offenses
2-13     have been consolidated or joined for trial under Section 3.02, the
2-14     defendant shall have a right to a severance of the offenses.
2-15           (b)  In the event of severance under this section, [the
2-16     provisions of Section 3.03 do not apply, and] the court in its
2-17     discretion may order the sentences to run either concurrently or
2-18     consecutively.
2-19           (c)(1)  The right to severance under this section does not
2-20     apply to a prosecution for offenses described by Subdivision (2)
2-21     [Section 3.03(b)(2)] unless the court determines that the defendant
2-22     or the state would be unfairly prejudiced by a joinder of offenses,
2-23     in which event the judge may order the offenses to be tried
2-24     separately or may order other relief as justice requires.
2-25                 (2)  This subsection applies to the prosecution of more
2-26     than one offense arising out of the same criminal episode if each
2-27     offense prosecuted is an offense under Section 21.11, 22.011,
 3-1     22.021, 25.02, or 43.25 committed against a victim younger than 17
 3-2     years of age at the time of the commission of the offense,
 3-3     regardless of whether the accused is prosecuted for violations of
 3-4     the same section more than once or is prosecuted for violations of
 3-5     more than one section.
 3-6           SECTION 2.  (a)  The change in law made by this Act applies
 3-7     to the joinder of prosecution of offenses arising out of a single
 3-8     criminal episode only if each offense is committed on or after the
 3-9     effective date of this Act.  For purposes of this section, an
3-10     offense is committed before the effective date of this Act if any
3-11     element of the offense occurs before the effective date.
3-12           (b)  The joinder of prosecutions for offenses arising out of
3-13     a single criminal episode if any of the offenses were committed
3-14     before the effective date of this Act is covered by the law in
3-15     effect before the changes made by this Act, and the former law is
3-16     continued in effect for that purpose.
3-17           SECTION 3.  This Act takes effect September 1, 1999.
3-18           SECTION 4.  The importance of this legislation and the
3-19     crowded condition of the calendars in both houses create an
3-20     emergency and an imperative public necessity that the
3-21     constitutional rule requiring bills to be read on three several
3-22     days in each house be suspended, and this rule is hereby suspended.