By: Gattis (Senate Sponsor - Ogden) H.B. No. 904
(In the Senate - Received from the House April 28, 2005;
April 29, 2005, read first time and referred to Committee on
Criminal Justice; May 18, 2005, reported favorably by the
following vote: Yeas 5, Nays 0; May 18, 2005, sent to printer.)
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.
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