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.