78R7164 GWK-F
By: Williams S.B. No. 878
A BILL TO BE ENTITLED
AN ACT
relating to the sentencing of defendants convicted of multiple
counts of intoxication assault or intoxication manslaughter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.03(b), Penal Code, is amended to read
as follows:
(b) If the accused is found guilty of more than one offense
arising out of the same criminal episode, the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections [under Section 49.08];
[or]
(2) an offense:
(A) under Section 21.11, 22.011, 22.021, 25.02,
or 43.25 committed against a victim younger than 17 years of age at
the time of the commission of the offense regardless of whether the
accused is convicted of violations of the same section more than
once or is convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than 17
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section; or
(3) an offense not otherwise listed or described by
Subdivision (1) or (2):
(A) that is listed in Section 3g(a)(1), Article
42.12, Code of Criminal Procedure, or for which the judgment
contains an affirmative finding under Subsection 3g(a)(2) of that
article, regardless of whether the accused is convicted of
violations of the same section more than once or is convicted of
violations of more than one section; or
(B) for which a plea bargain agreement was
reached in a case in which the accused was charged with more than
one offense described by Paragraph (A), regardless of whether the
accused is charged with violations of the same section more than
once or is charged with violations of more than one section.
SECTION 2. Section 3.04(c), Penal Code, is amended to read
as follows:
(c) The right to severance under this section does not apply
to a prosecution for offenses described by Section 3.03(b)[(2)]
unless the court determines that the defendant or the state would be
unfairly prejudiced by a joinder of offenses, in which event the
judge may order the offenses to be tried separately or may order
other relief as justice requires.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after September 1, 2003. An offense
committed before September 1, 2003, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For the purposes of this section, an
offense was committed before September 1, 2003, if any element of
the offense was committed before that date.
SECTION 4. This Act takes effect September 1, 2003.