By: Price, et al. (Senate Sponsor - Huffman) H.B. No. 220
(In the Senate - Received from the House April 22, 2013;
April 24, 2013, read first time and referred to Committee on
Criminal Justice; May 9, 2013, reported favorably by the following
vote: Yeas 7, Nays 0; May 9, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to consecutive sentences for certain offenses involving
injury to a child, an elderly individual, or a disabled individual
and arising out of the same criminal episode.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.03(b), Penal Code, is amended to read
as follows:
(b) If the accused is found guilty of more than one offense
arising out of the same criminal episode, the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 or an offense under
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
against a victim younger than 17 years of age at the time of the
commission of the offense regardless of whether the accused is
convicted of violations of the same section more than once or is
convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than 17
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section;
(3) an offense:
(A) under Section 21.15 or 43.26, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(4) an offense for which the judgment in the case
contains an affirmative finding under Article 42.0197, Code of
Criminal Procedure; [or]
(5) an offense:
(A) under Section 20A.02 or 43.05, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections; or
(6) an offense:
(A) under Section 22.04(a)(1) or (2) or Section
22.04(a-1)(1) or (2) that is punishable as a felony of the first
degree, regardless of whether the accused is convicted of
violations of the same section more than once or is convicted of
violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) and punishable as described by that
paragraph, regardless of whether the accused is charged with
violations of the same section more than once or is charged with
violations of more than one section.
SECTION 2. 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 at the time 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 3. This Act takes effect September 1, 2013.
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