| 1 | 1 | | 83R1222 MAW-D |
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| 2 | 2 | | By: Price, Herrero, Geren, H.B. No. 220 |
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| 3 | 3 | | Thompson of Harris, Moody, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to consecutive sentences for certain offenses involving |
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| 9 | 9 | | injury to a child, an elderly individual, or a disabled individual |
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| 10 | 10 | | and arising out of the same criminal episode. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 3.03(b), Penal Code, is amended to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | (b) If the accused is found guilty of more than one offense |
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| 15 | 15 | | arising out of the same criminal episode, the sentences may run |
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| 16 | 16 | | concurrently or consecutively if each sentence is for a conviction |
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| 17 | 17 | | of: |
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| 18 | 18 | | (1) an offense: |
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| 19 | 19 | | (A) under Section 49.07 or 49.08, regardless of |
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| 20 | 20 | | whether the accused is convicted of violations of the same section |
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| 21 | 21 | | more than once or is convicted of violations of both sections; or |
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| 22 | 22 | | (B) for which a plea agreement was reached in a |
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| 23 | 23 | | case in which the accused was charged with more than one offense |
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| 24 | 24 | | listed in Paragraph (A), regardless of whether the accused is |
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| 25 | 25 | | charged with violations of the same section more than once or is |
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| 26 | 26 | | charged with violations of both sections; |
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| 27 | 27 | | (2) an offense: |
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| 28 | 28 | | (A) under Section 33.021 or an offense under |
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| 29 | 29 | | Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed |
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| 30 | 30 | | against a victim younger than 17 years of age at the time of the |
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| 31 | 31 | | commission of the offense regardless of whether the accused is |
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| 32 | 32 | | convicted of violations of the same section more than once or is |
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| 33 | 33 | | convicted of violations of more than one section; or |
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| 34 | 34 | | (B) for which a plea agreement was reached in a |
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| 35 | 35 | | case in which the accused was charged with more than one offense |
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| 36 | 36 | | listed in Paragraph (A) committed against a victim younger than 17 |
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| 37 | 37 | | years of age at the time of the commission of the offense regardless |
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| 38 | 38 | | of whether the accused is charged with violations of the same |
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| 39 | 39 | | section more than once or is charged with violations of more than |
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| 40 | 40 | | one section; |
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| 41 | 41 | | (3) an offense: |
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| 42 | 42 | | (A) under Section 21.15 or 43.26, regardless of |
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| 43 | 43 | | whether the accused is convicted of violations of the same section |
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| 44 | 44 | | more than once or is convicted of violations of both sections; or |
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| 45 | 45 | | (B) for which a plea agreement was reached in a |
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| 46 | 46 | | case in which the accused was charged with more than one offense |
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| 47 | 47 | | listed in Paragraph (A), regardless of whether the accused is |
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| 48 | 48 | | charged with violations of the same section more than once or is |
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| 49 | 49 | | charged with violations of both sections; |
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| 50 | 50 | | (4) an offense for which the judgment in the case |
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| 51 | 51 | | contains an affirmative finding under Article 42.0197, Code of |
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| 52 | 52 | | Criminal Procedure; [or] |
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| 53 | 53 | | (5) an offense: |
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| 54 | 54 | | (A) under Section 20A.02 or 43.05, regardless of |
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| 55 | 55 | | whether the accused is convicted of violations of the same section |
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| 56 | 56 | | more than once or is convicted of violations of both sections; or |
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| 57 | 57 | | (B) for which a plea agreement was reached in a |
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| 58 | 58 | | case in which the accused was charged with more than one offense |
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| 59 | 59 | | listed in Paragraph (A), regardless of whether the accused is |
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| 60 | 60 | | charged with violations of the same section more than once or is |
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| 61 | 61 | | charged with violations of both sections; or |
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| 62 | 62 | | (6) an offense: |
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| 63 | 63 | | (A) under Section 22.04(a)(1) or (2) or Section |
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| 64 | 64 | | 22.04(a-1)(1) or (2) that is punishable as a felony of the first |
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| 65 | 65 | | degree, regardless of whether the accused is convicted of |
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| 66 | 66 | | violations of the same section more than once or is convicted of |
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| 67 | 67 | | violations of more than one section; or |
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| 68 | 68 | | (B) for which a plea agreement was reached in a |
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| 69 | 69 | | case in which the accused was charged with more than one offense |
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| 70 | 70 | | listed in Paragraph (A) and punishable as described by that |
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| 71 | 71 | | paragraph, regardless of whether the accused is charged with |
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| 72 | 72 | | violations of the same section more than once or is charged with |
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| 73 | 73 | | violations of more than one section. |
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| 74 | 74 | | SECTION 2. The change in law made by this Act applies only |
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| 75 | 75 | | to an offense committed on or after the effective date of this Act. |
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| 76 | 76 | | An offense committed before the effective date of this Act is |
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| 77 | 77 | | governed by the law in effect at the time the offense was committed, |
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| 78 | 78 | | and the former law is continued in effect for that purpose. For |
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| 79 | 79 | | purposes of this section, an offense was committed before the |
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| 80 | 80 | | effective date of this Act if any element of the offense occurred |
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| 81 | 81 | | before that date. |
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| 82 | 82 | | SECTION 3. This Act takes effect September 1, 2013. |
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