| 1 | 1 | | 81R10337 KEL-D |
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| 2 | 2 | | By: Huffman S.B. No. 1297 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the imposition of consecutive fines in sentencing a |
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| 8 | 8 | | defendant for offenses arising out of the same criminal episode. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 3.03(a), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (a) When the accused is found guilty of more than one |
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| 13 | 13 | | offense arising out of the same criminal episode prosecuted in a |
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| 14 | 14 | | single criminal action, a sentence for each offense for which he has |
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| 15 | 15 | | been found guilty shall be pronounced. Except as provided by |
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| 16 | 16 | | Subsection (b) and Section 3.05, the sentences shall run |
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| 17 | 17 | | concurrently. |
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| 18 | 18 | | SECTION 2. Section 3.04(b), Penal Code, is amended to read |
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| 19 | 19 | | as follows: |
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| 20 | 20 | | (b) In the event of severance under this section, the |
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| 21 | 21 | | provisions of Section 3.03 do not apply, and, except as provided by |
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| 22 | 22 | | Section 3.05, the court in its discretion may order the sentences to |
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| 23 | 23 | | run either concurrently or consecutively. |
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| 24 | 24 | | SECTION 3. Chapter 3, Penal Code, is amended by adding |
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| 25 | 25 | | Section 3.05 to read as follows: |
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| 26 | 26 | | Sec. 3.05. IMPOSITION OF CONSECUTIVE FINES. If the |
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| 27 | 27 | | defendant is convicted of more than one offense arising out of the |
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| 28 | 28 | | same criminal episode, the fines imposed for the offenses run |
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| 29 | 29 | | consecutively. |
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| 30 | 30 | | SECTION 4. The change in law made by this Act applies only |
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| 31 | 31 | | to an offense committed on or after the effective date of this Act. |
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| 32 | 32 | | An offense committed before the effective date of this Act is |
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| 33 | 33 | | governed by the law in effect when the offense was committed, and |
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| 34 | 34 | | the former law is continued in effect for that purpose. For |
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| 35 | 35 | | purposes of this section, an offense was committed before the |
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| 36 | 36 | | effective date of this Act if any element of the offense occurred |
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| 37 | 37 | | before that date. |
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| 38 | 38 | | SECTION 5. This Act takes effect September 1, 2009. |
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