81R10337 KEL-D
By: Huffman S.B. No. 1297
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of consecutive fines in sentencing a
defendant for offenses arising out of the same criminal episode.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.03(a), Penal Code, is amended to read
as follows:
(a) When the accused is found guilty of more than one
offense arising out of the same criminal episode prosecuted in a
single criminal action, a sentence for each offense for which he has
been found guilty shall be pronounced. Except as provided by
Subsection (b) and Section 3.05, the sentences shall run
concurrently.
SECTION 2. Section 3.04(b), Penal Code, is amended to read
as follows:
(b) In the event of severance under this section, the
provisions of Section 3.03 do not apply, and, except as provided by
Section 3.05, the court in its discretion may order the sentences to
run either concurrently or consecutively.
SECTION 3. Chapter 3, Penal Code, is amended by adding
Section 3.05 to read as follows:
Sec. 3.05. IMPOSITION OF CONSECUTIVE FINES. If the
defendant is convicted of more than one offense arising out of the
same criminal episode, the fines imposed for the offenses run
consecutively.
SECTION 4. 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 when 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 5. This Act takes effect September 1, 2009.