81R5275 SJM-D
 
  By: Rose H.B. No. 1590
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to consecutive sentences for certain offenses involving
  injury to a child, an elderly individual, or a disabled individual
  and arising out of the same criminal episode.
         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;
               (2)  an offense:
                     (A)  under Section 33.021 or an offense under
  Section 21.02, 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; or
               (4)  an offense:
                     (A)  under Section 22.04(a)(1) or (2) or Section
  22.04(a-1)(1) or (2) that is punishable as a felony of the first
  degree, 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) and punishable as described by that
  paragraph, 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.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect at the time the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2009.