Texas 2009 - 81st Regular

Texas House Bill HB1590 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R5275 SJM-D
2	2	By: Rose H.B. No. 1590
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to consecutive sentences for certain offenses involving
8	8	injury to a child, an elderly individual, or a disabled individual
9	9	and arising out of the same criminal episode.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 3.03(b), Penal Code, is amended to read
12	12	as follows:
13	13	(b) If the accused is found guilty of more than one offense
14	14	arising out of the same criminal episode, the sentences may run
15	15	concurrently or consecutively if each sentence is for a conviction
16	16	of:
17	17	(1) an offense:
18	18	(A) under Section 49.07 or 49.08, regardless of
19	19	whether the accused is convicted of violations of the same section
20	20	more than once or is convicted of violations of both sections; or
21	21	(B) for which a plea agreement was reached in a
22	22	case in which the accused was charged with more than one offense
23	23	listed in Paragraph (A), regardless of whether the accused is
24	24	charged with violations of the same section more than once or is
25	25	charged with violations of both sections;
26	26	(2) an offense:
27	27	(A) under Section 33.021 or an offense under
28	28	Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
29	29	against a victim younger than 17 years of age at the time of the
30	30	commission of the offense regardless of whether the accused is
31	31	convicted of violations of the same section more than once or is
32	32	convicted of violations of more than one section; or
33	33	(B) for which a plea agreement was reached in a
34	34	case in which the accused was charged with more than one offense
35	35	listed in Paragraph (A) committed against a victim younger than 17
36	36	years of age at the time of the commission of the offense regardless
37	37	of whether the accused is charged with violations of the same
38	38	section more than once or is charged with violations of more than
39	39	one section; [or]
40	40	(3) an offense:
41	41	(A) under Section 21.15 or 43.26, regardless of
42	42	whether the accused is convicted of violations of the same section
43	43	more than once or is convicted of violations of both sections; or
44	44	(B) for which a plea agreement was reached in a
45	45	case in which the accused was charged with more than one offense
46	46	listed in Paragraph (A), regardless of whether the accused is
47	47	charged with violations of the same section more than once or is
48	48	charged with violations of both sections; or
49	49	(4) an offense:
50	50	(A) under Section 22.04(a)(1) or (2) or Section
51	51	22.04(a-1)(1) or (2) that is punishable as a felony of the first
52	52	degree, regardless of whether the accused is convicted of
53	53	violations of the same section more than once or is convicted of
54	54	violations of more than one section; or
55	55	(B) for which a plea agreement was reached in a
56	56	case in which the accused was charged with more than one offense
57	57	listed in Paragraph (A) and punishable as described by that
58	58	paragraph, regardless of whether the accused is charged with
59	59	violations of the same section more than once or is charged with
60	60	violations of more than one section.
61	61	SECTION 2. The change in law made by this Act applies only
62	62	to an offense committed on or after the effective date of this Act.
63	63	An offense committed before the effective date of this Act is
64	64	governed by the law in effect at the time the offense was committed,
65	65	and the former law is continued in effect for that purpose. For
66	66	purposes of this section, an offense was committed before the
67	67	effective date of this Act if any element of the offense occurred
68	68	before that date.
69	69	SECTION 3. This Act takes effect September 1, 2009.