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AN ACT
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relating to the prosecution of and punishment for an aggravated |
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assault occurring as part of a mass shooting; increasing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.07(a), Penal Code, is amended by |
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adding Subdivision (30-a) to read as follows: |
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(30-a) "Mass shooting" means a person's discharge of a |
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firearm to cause serious bodily injury or death, or to attempt to |
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cause serious bodily injury or death, to four or more persons: |
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(A) during the same criminal transaction; or |
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(B) during different criminal transactions but |
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pursuant to the same scheme or course of conduct. |
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SECTION 2. Section 3.03, Penal Code, is amended by amending |
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Subsection (a) and adding Subsection (c) to read as follows: |
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(a) When the accused is found guilty of more than one |
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offense arising out of the same criminal episode prosecuted in a |
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single criminal action, a sentence for each offense for which the |
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accused [he] has been found guilty shall be pronounced. Except as |
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provided by Subsections [Subsection] (b) and (c), the sentences |
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shall run concurrently. |
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(c) If in a single criminal action the accused is found |
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guilty of more than one offense under Section 22.02 that arises out |
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of the same criminal episode, the sentences run consecutively if |
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each sentence is for a conviction of an assault punishable as a |
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felony of the first degree under Section 22.02(b)(4). |
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SECTION 3. Section 3.04(c), Penal Code, is amended to read |
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as follows: |
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(c) The right to severance under this section does not apply |
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to a prosecution for offenses described by Section 3.03(b) or (c) |
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unless the court determines that the defendant or the state would be |
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unfairly prejudiced by a joinder of offenses, in which event the |
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judge may order the offenses to be tried separately or may order |
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other relief as justice requires. |
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SECTION 4. Section 22.02(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if: |
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(1) the actor uses a deadly weapon during the |
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commission of the assault and causes serious bodily injury to a |
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person whose relationship to or association with the defendant is |
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described by Section 71.0021(b), 71.003, or 71.005, Family Code; |
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(2) regardless of whether the offense is committed |
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under Subsection (a)(1) or (a)(2), the offense is committed: |
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(A) by a public servant acting under color of the |
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servant's office or employment; |
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(B) against a person the actor knows is a public |
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servant while the public servant is lawfully discharging an |
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official duty, or in retaliation or on account of an exercise of |
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official power or performance of an official duty as a public |
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servant; |
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(C) in retaliation against or on account of the |
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service of another as a witness, prospective witness, informant, or |
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person who has reported the occurrence of a crime; |
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(D) against a person the actor knows is a process |
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server while the person is performing a duty as a process server; or |
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(E) against a person the actor knows is a |
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security officer while the officer is performing a duty as a |
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security officer; [or] |
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(3) the actor is in a motor vehicle, as defined by |
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Section 501.002, Transportation Code, and: |
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(A) knowingly discharges a firearm at or in the |
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direction of a habitation, building, or vehicle; |
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(B) is reckless as to whether the habitation, |
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building, or vehicle is occupied; and |
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(C) in discharging the firearm, causes serious |
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bodily injury to any person; or |
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(4) the actor commits the assault as part of a mass |
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shooting. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 165 was passed by the House on April |
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12, 2023, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 165 was passed by the Senate on May |
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17, 2023, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |