By King of Parker                                     H.B. No. 2655
         77R4806 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of a criminal defendant to severance of
 1-3     multiple intoxication manslaughter offenses 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 3.04(c), Penal Code, is amended to read as
 1-7     follows:
 1-8           (c)  The right to severance under this section does not apply
 1-9     to a prosecution for offenses described by Section 3.03(b)
1-10     [3.03(b)(2)] unless the court determines that the defendant or the
1-11     state would be unfairly prejudiced by a joinder of offenses, in
1-12     which event the judge may order the offenses to be tried separately
1-13     or may order other relief as justice requires.
1-14           SECTION 2. The change in law made by this Act applies to the
1-15     joinder of prosecution of offenses arising out of a single criminal
1-16     episode only if each offense is committed on or after the effective
1-17     date of this Act.  The joinder of prosecution of offenses arising
1-18     out of a single criminal episode if any of the offenses were
1-19     committed before the effective date of this Act is covered by the
1-20     law in effect before the change in law made by this Act, and the
1-21     former law is continued in effect for that purpose.  For purposes
1-22     of this section, an offense was committed before the effective date
1-23     of this Act if any element of the offense occurred before that
1-24     date.
 2-1           SECTION 3. This Act takes effect September 1, 2001.