| 8 | 4 | | |
|---|
| 9 | 5 | | |
|---|
| 10 | 6 | | A BILL TO BE ENTITLED |
|---|
| 11 | 7 | | AN ACT |
|---|
| 12 | 8 | | relating to the prosecution of and punishment for an aggravated |
|---|
| 13 | 9 | | assault occurring as part of a mass shooting; increasing a criminal |
|---|
| 14 | 10 | | penalty. |
|---|
| 15 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 16 | 12 | | SECTION 1. Section 1.07(a), Penal Code, is amended by |
|---|
| 17 | 13 | | adding Subdivision (30-a) to read as follows: |
|---|
| 18 | 14 | | (30-a) "Mass shooting" means a person's discharge of a |
|---|
| 19 | 15 | | firearm to cause serious bodily injury or death, or to attempt to |
|---|
| 20 | 16 | | cause serious bodily injury or death, to four or more persons: |
|---|
| 21 | 17 | | (A) during the same criminal transaction; or |
|---|
| 22 | 18 | | (B) during different criminal transactions but |
|---|
| 23 | 19 | | pursuant to the same scheme or course of conduct. |
|---|
| 24 | 20 | | SECTION 2. Section 3.03, Penal Code, is amended by amending |
|---|
| 25 | 21 | | Subsection (a) and adding Subsection (c) to read as follows: |
|---|
| 26 | 22 | | (a) When the accused is found guilty of more than one |
|---|
| 27 | 23 | | offense arising out of the same criminal episode prosecuted in a |
|---|
| 28 | 24 | | single criminal action, a sentence for each offense for which the |
|---|
| 29 | 25 | | accused [he] has been found guilty shall be pronounced. Except as |
|---|
| 30 | 26 | | provided by Subsections [Subsection] (b) and (c), the sentences |
|---|
| 31 | 27 | | shall run concurrently. |
|---|
| 32 | 28 | | (c) If in a single criminal action the accused is found |
|---|
| 33 | 29 | | guilty of more than one offense under Section 22.02 that arises out |
|---|
| 34 | 30 | | of the same criminal episode, the sentences run consecutively if |
|---|
| 35 | 31 | | each sentence is for a conviction of an assault punishable as a |
|---|
| 36 | 32 | | felony of the first degree under Section 22.02(b)(4). |
|---|
| 37 | 33 | | SECTION 3. Section 3.04(c), Penal Code, is amended to read |
|---|
| 38 | 34 | | as follows: |
|---|
| 39 | 35 | | (c) The right to severance under this section does not apply |
|---|
| 40 | 36 | | to a prosecution for offenses described by Section 3.03(b) or (c) |
|---|
| 41 | 37 | | unless the court determines that the defendant or the state would be |
|---|
| 42 | 38 | | unfairly prejudiced by a joinder of offenses, in which event the |
|---|
| 43 | 39 | | judge may order the offenses to be tried separately or may order |
|---|
| 44 | 40 | | other relief as justice requires. |
|---|
| 45 | 41 | | SECTION 4. Section 22.02(b), Penal Code, is amended to read |
|---|
| 46 | 42 | | as follows: |
|---|
| 47 | 43 | | (b) An offense under this section is a felony of the second |
|---|
| 48 | 44 | | degree, except that the offense is a felony of the first degree if: |
|---|
| 49 | 45 | | (1) the actor uses a deadly weapon during the |
|---|
| 50 | 46 | | commission of the assault and causes serious bodily injury to a |
|---|
| 51 | 47 | | person whose relationship to or association with the defendant is |
|---|
| 52 | 48 | | described by Section 71.0021(b), 71.003, or 71.005, Family Code; |
|---|
| 53 | 49 | | (2) regardless of whether the offense is committed |
|---|
| 54 | 50 | | under Subsection (a)(1) or (a)(2), the offense is committed: |
|---|
| 55 | 51 | | (A) by a public servant acting under color of the |
|---|
| 56 | 52 | | servant's office or employment; |
|---|
| 57 | 53 | | (B) against a person the actor knows is a public |
|---|
| 58 | 54 | | servant while the public servant is lawfully discharging an |
|---|
| 59 | 55 | | official duty, or in retaliation or on account of an exercise of |
|---|
| 60 | 56 | | official power or performance of an official duty as a public |
|---|
| 61 | 57 | | servant; |
|---|
| 62 | 58 | | (C) in retaliation against or on account of the |
|---|
| 63 | 59 | | service of another as a witness, prospective witness, informant, or |
|---|
| 64 | 60 | | person who has reported the occurrence of a crime; or |
|---|
| 65 | 61 | | (D) against a person the actor knows is a |
|---|
| 66 | 62 | | security officer while the officer is performing a duty as a |
|---|
| 67 | 63 | | security officer; [or] |
|---|
| 68 | 64 | | (3) the actor is in a motor vehicle, as defined by |
|---|
| 69 | 65 | | Section 501.002, Transportation Code, and: |
|---|
| 70 | 66 | | (A) knowingly discharges a firearm at or in the |
|---|
| 71 | 67 | | direction of a habitation, building, or vehicle; |
|---|
| 72 | 68 | | (B) is reckless as to whether the habitation, |
|---|
| 73 | 69 | | building, or vehicle is occupied; and |
|---|
| 74 | 70 | | (C) in discharging the firearm, causes serious |
|---|
| 75 | 71 | | bodily injury to any person; or |
|---|
| 76 | 72 | | (4) the actor commits the assault as part of a mass |
|---|
| 77 | 73 | | shooting. |
|---|
| 78 | 74 | | SECTION 5. The changes in law made by this Act apply only to |
|---|
| 79 | 75 | | an offense committed on or after the effective date of this Act. An |
|---|
| 80 | 76 | | offense committed before the effective date of this Act is governed |
|---|
| 81 | 77 | | by the law in effect on the date the offense was committed, and the |
|---|
| 82 | 78 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 83 | 79 | | this section, an offense was committed before the effective date of |
|---|
| 84 | 80 | | this Act if any element of the offense occurred before that date. |
|---|
| 85 | 81 | | SECTION 6. This Act takes effect September 1, 2021. |
|---|