Texas 2009 - 81st Regular

Texas Senate Bill SB366 Compare Versions

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1	1	By: Carona S.B. No. 366
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to authorizing consecutive sentencing for certain
7	7	offenses committed by a member of a criminal street gang.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 42.01, Code of Criminal Procedure, is
10	10	amended by adding Section 9 to read as follows:
11	11	Sec. 9. In addition to the information described by Section
12	12	1, the judgment should reflect affirmative findings entered
13	13	pursuant to Article 42.0197.
14	14	SECTION 2. Chapter 42, Code of Criminal Procedure, is
15	15	amended by adding Article 42.0197 to read as follows:
16	16	Art. 42.0197. FINDING REGARDING GANG-RELATED CONDUCT. In
17	17	the trial of an offense, on the motion of the attorney representing
18	18	the state the judge shall make an affirmative finding of fact and
19	19	enter the affirmative finding in the judgment in the case if the
20	20	judge determines that the applicable conduct was engaged in as part
21	21	of the activities of a criminal street gang as defined by Section
22	22	71.01, Penal Code.
23	23	SECTION 3. Section 3.03, Penal Code, is amended by amending
24	24	Subsection (b) and adding Subsection (b-1) to read as follows:
25	25	(b) If the accused is found guilty of more than one offense
26	26	arising out of the same criminal episode, the sentences may run
27	27	concurrently or consecutively if each sentence is for a conviction
28	28	of:
29	29	(1) an offense:
30	30	(A) under Section 49.07 or 49.08, regardless of
31	31	whether the accused is convicted of violations of the same section
32	32	more than once or is convicted of violations of both sections; 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), regardless of whether the accused is
36	36	charged with violations of the same section more than once or is
37	37	charged with violations of both sections;
38	38	(2) an offense:
39	39	(A) under Section 33.021 or an offense under
40	40	Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
41	41	against a victim younger than 17 years of age at the time of the
42	42	commission of the offense regardless of whether the accused is
43	43	convicted of violations of the same section more than once or is
44	44	convicted of violations of more than one section; or
45	45	(B) for which a plea agreement was reached in a
46	46	case in which the accused was charged with more than one offense
47	47	listed in Paragraph (A) committed against a victim younger than 17
48	48	years of age at the time of the commission of the offense regardless
49	49	of whether the accused is charged with violations of the same
50	50	section more than once or is charged with violations of more than
51	51	one section; [or]
52	52	(3) an offense:
53	53	(A) under Section 21.15 or 43.26, regardless of
54	54	whether the accused is convicted of violations of the same section
55	55	more than once or is convicted of violations of both sections; or
56	56	(B) for which a plea agreement was reached in a
57	57	case in which the accused was charged with more than one offense
58	58	listed in Paragraph (A), regardless of whether the accused is
59	59	charged with violations of the same section more than once or is
60	60	charged with violations of both sections; or
61	61	(4) an offense for which the judgment in the case
62	62	contains an affirmative finding under Article 42.0197, Code of
63	63	Criminal Procedure.
64	64	(b-1) Subsection (b)(4) does not apply to a defendant whose
65	65	case was transferred to the court under Section 54.02, Family Code.
66	66	SECTION 4. Section 9, Article 42.01, Code of Criminal
67	67	Procedure, and Article 42.0197, Code of Criminal Procedure, as
68	68	added by this Act, apply only to a judgment of conviction entered on
69	69	or after the effective date of this Act.
70	70	SECTION 5. Subsection (b), Section 3.03, Penal Code, as
71	71	amended by this Act, applies only to an offense committed on or
72	72	after the effective date of this Act. An offense committed before
73	73	the effective date of this Act is governed by the law in effect at
74	74	the time the offense was committed, and the former law is continued
75	75	in effect for that purpose. For purposes of this section, an
76	76	offense was committed before the effective date of this Act if any
77	77	element of the offense occurred before that date.
78	78	SECTION 6. This Act takes effect September 1, 2009.