Texas 2021 - 87th Regular

Texas House Bill HB1403 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1403
	1	+	By: A. Johnson of Harris, Metcalf, Bonnen H.B. No. 1403
	2	+	(Senate Sponsor - Huffman)
	3	+	(In the Senate - Received from the House April 20, 2021;
	4	+	May 3, 2021, read first time and referred to Committee on Criminal
	5	+	Justice; May 13, 2021, reported favorably by the following vote:
	6	+	Yeas 7, Nays 0; May 13, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the imposition of consecutive sentences for certain
6	13		offenses arising out of the same criminal episode.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 3.03(b), Penal Code, is amended to read
9	16		as follows:
10	17		(b) If the accused is found guilty of more than one offense
11	18		arising out of the same criminal episode, the sentences may run
12	19		concurrently or consecutively if each sentence is for a conviction
13	20		of:
14	21		(1) an offense:
15	22		(A) under Section 49.07 or 49.08, regardless of
16	23		whether the accused is convicted of violations of the same section
17	24		more than once or is convicted of violations of both sections; or
18	25		(B) for which a plea agreement was reached in a
19	26		case in which the accused was charged with more than one offense
20	27		listed in Paragraph (A), regardless of whether the accused is
21	28		charged with violations of the same section more than once or is
22	29		charged with violations of both sections;
23	30		(2) an offense:
24	31		(A) under Section 33.021 or an offense under
25	32		Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
26	33		against a victim younger than 17 years of age at the time of the
27	34		commission of the offense regardless of whether the accused is
28	35		convicted of violations of the same section more than once or is
29	36		convicted of violations of more than one section; or
30	37		(B) for which a plea agreement was reached in a
31	38		case in which the accused was charged with more than one offense
32	39		listed in Paragraph (A) committed against a victim younger than 17
33	40		years of age at the time of the commission of the offense regardless
34	41		of whether the accused is charged with violations of the same
35	42		section more than once or is charged with violations of more than
36	43		one section;
37	44		(3) an offense:
38	45		(A) under Section 21.15 or 43.26, regardless of
39	46		whether the accused is convicted of violations of the same section
40	47		more than once or is convicted of violations of both sections; or
41	48		(B) for which a plea agreement was reached in a
42	49		case in which the accused was charged with more than one offense
43	50		listed in Paragraph (A), regardless of whether the accused is
44	51		charged with violations of the same section more than once or is
45	52		charged with violations of both sections;
46	53		(4) an offense for which the judgment in the case
47	54		contains an affirmative finding under Article 42.0197, Code of
48	55		Criminal Procedure;
49	56		(5) an offense:
50	57		(A) under Section 20A.02, 20A.03, or 43.05,
51	58		regardless of whether the accused is convicted of violations of the
52	59		same section more than once or is convicted of violations of more
53	60		than one section; or
54	61		(B) for which a plea agreement was reached in a
55	62		case in which the accused was charged with more than one offense
56	63		listed in Paragraph (A), regardless of whether the accused is
57	64		charged with violations of the same section more than once or is
58	65		charged with violations of more than one section; [or]
59	66		(6) an offense:
60	67		(A) under Section 22.04(a)(1) or (2) or Section
61	68		22.04(a-1)(1) or (2) that is punishable as a felony of the first
62	69		degree, regardless of whether the accused is convicted of
63	70		violations of the same section more than once or is convicted of
64	71		violations of more than one section; or
65	72		(B) for which a plea agreement was reached in a
66	73		case in which the accused was charged with more than one offense
67	74		listed in Paragraph (A) and punishable as described by that
68	75		paragraph, regardless of whether the accused is charged with
69	76		violations of the same section more than once or is charged with
70	77		violations of more than one section; or
71	78		(7) any combination of offenses listed in Subdivisions
72	79		(1)-(6).
73	80		SECTION 2. The change in law made by this Act applies only
74	81		to an offense committed on or after the effective date of this Act.
75	82		An offense committed before the effective date of this Act is
76	83		governed by the law in effect on the date the offense was committed,
77	84		and the former law is continued in effect for that purpose. For
78	85		purposes of this section, an offense was committed before the
79	86		effective date of this Act if any element of the offense occurred
80	87		before that date.
81	88		SECTION 3. This Act takes effect September 1, 2021.
82		-	______________________________ ______________________________
83		-	President of the Senate Speaker of the House
84		-	I certify that H.B. No. 1403 was passed by the House on April
85		-	20, 2021, by the following vote: Yeas 141, Nays 3, 1 present, not
86		-	voting.
87		-	______________________________
88		-	Chief Clerk of the House
89		-	I certify that H.B. No. 1403 was passed by the Senate on May
90		-	19, 2021, by the following vote: Yeas 31, Nays 0.
91		-	______________________________
92		-	Secretary of the Senate
93		-	APPROVED: _____________________
94		-	Date
95		-	_____________________
96		-	Governor
	89	+	* * * * *