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79R10206 UM-D


By:  Gattis                                                       H.B. No. 904

Substitute the following for H.B. No. 904:                                    

By:  Keel                                                     C.S.H.B. No. 904



A BILL TO BE ENTITLED

AN ACT

relating to the sentencing of defendants convicted of multiple 
counts of intoxication assault, improper photography or visual 
recording, or possession or promotion of child pornography.
	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:                                                       
			(A)  under Section 21.15 or 43.26, 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.
	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) 
[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, 2005. An offense 
committed before September 1, 2005, 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, 2005, if any element of 
the offense was committed before that date.
	SECTION 4.  This Act takes effect September 1, 2005.