81R2545 KEL-D
By: Carona S.B. No. 366
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of consecutive sentencing for offenses
committed by a member of a criminal street gang.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.08(b), Code of Criminal Procedure, is
amended to read as follows:
(b) The court [If a defendant is sentenced for an offense
committed while the defendant was an inmate in the institutional
division of the Texas Department of Criminal Justice and the
defendant has not completed the sentence he was serving at the time
of the offense, the judge] shall order the sentence imposed in a
second or [for the] subsequent conviction [offense] to commence
immediately on completion of the sentence imposed in a preceding
conviction if:
(1) the defendant committed the offense that is the
subject of the second or subsequent conviction while the defendant
was an inmate in the Texas Department of Criminal Justice serving
the sentence imposed in a preceding conviction; or
(2) the judgment for each conviction includes, as a
finding or as an element of the underlying offense, participation
in a criminal street gang as defined by Section 71.01, Penal Code
[for the original offense].
SECTION 2. 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 3. 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 4. Chapter 3, Penal Code, is amended by adding
Section 3.05 to read as follows:
Sec. 3.05. MULTIPLE OFFENSES COMMITTED BY MEMBER OF
CRIMINAL STREET GANG. If the defendant is convicted of more than
one offense arising out of the same criminal episode and the
judgment of conviction with respect to each offense includes, as a
finding or as an element of the offense, participation in a criminal
street gang as defined by Section 71.01, the sentences for the
offenses run consecutively.
SECTION 5. 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 6. This Act takes effect September 1, 2009.