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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of consecutive sentences for more than |
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one criminal offense of injury to a child, elderly individual, or |
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disabled individual arising out of the same criminal episode. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3.03(b), Penal Code, is amended to read |
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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; |
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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; |
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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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(5) an offense: |
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(A) under Section 20A.02 or 43.05, 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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(6) an offense[:
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[(A)] under Section 22.04 [22.04(a)(1) or (2) or
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Section 22.04(a-1)(1) or (2) that is punishable as a felony of the
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first degree, regardless of whether the accused is convicted of
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violations of the same section more than once or is convicted of
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violations of more than one section;] or an offense |
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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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under Section 22.04 [listed in Paragraph (A) and punishable as
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described by that paragraph, 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 more than one section]. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |