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.