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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing consecutive sentencing for certain |
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offenses committed by a member of a criminal street gang. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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amended by adding Section 9 to read as follows: |
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Sec. 9. In addition to the information described by Section |
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1, the judgment should reflect affirmative findings entered |
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pursuant to Article 42.0197. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0197 to read as follows: |
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Art. 42.0197. FINDING REGARDING GANG-RELATED CONDUCT. In |
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the trial of an offense, on the motion of the attorney representing |
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the state the judge shall make an affirmative finding of fact and |
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enter the affirmative finding in the judgment in the case if the |
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judge determines that the applicable conduct was engaged in as part |
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of the activities of a criminal street gang as defined by Section |
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71.01, Penal Code. |
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SECTION 3. Section 3.03, Penal Code, is amended by amending |
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Subsection (b) and adding Subsection (b-1) to read as follows: |
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(b) If the accused is found guilty of more than one offense |
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arising out of the same criminal episode, the sentences may run |
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concurrently or consecutively if each sentence is for a conviction |
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of: |
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(1) an offense: |
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(A) under Section 49.07 or 49.08, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; |
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(2) an offense: |
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(A) under Section 33.021 or an offense under |
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Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed |
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against a victim younger than 17 years of age at the time of the |
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commission of the offense regardless of whether the accused is |
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convicted of violations of the same section more than once or is |
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convicted of violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) committed against a victim younger than 17 |
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years of age at the time of the commission of the offense regardless |
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of whether the accused is charged with violations of the same |
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section more than once or is charged with violations of more than |
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one section; [or] |
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(3) an offense: |
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(A) under Section 21.15 or 43.26, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; or |
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(4) an offense for which the judgment in the case |
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contains an affirmative finding under Article 42.0197, Code of |
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Criminal Procedure. |
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(b-1) Subsection (b)(4) does not apply to a defendant whose |
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case was transferred to the court under Section 54.02, Family Code. |
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SECTION 4. Section 9, Article 42.01, Code of Criminal |
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Procedure, and Article 42.0197, Code of Criminal Procedure, as |
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added by this Act, apply only to a judgment of conviction entered on |
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or after the effective date of this Act. |
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SECTION 5. Subsection (b), Section 3.03, Penal Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect at |
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the time the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2009. |