Texas 2023 - 88th Regular

Texas House Bill HB165 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 165
2	2
3	3
4	4	AN ACT
5	5	relating to the prosecution of and punishment for an aggravated
6	6	assault occurring as part of a mass shooting; increasing a criminal
7	7	penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1.07(a), Penal Code, is amended by
10	10	adding Subdivision (30-a) to read as follows:
11	11	(30-a) "Mass shooting" means a person's discharge of a
12	12	firearm to cause serious bodily injury or death, or to attempt to
13	13	cause serious bodily injury or death, to four or more persons:
14	14	(A) during the same criminal transaction; or
15	15	(B) during different criminal transactions but
16	16	pursuant to the same scheme or course of conduct.
17	17	SECTION 2. Section 3.03, Penal Code, is amended by amending
18	18	Subsection (a) and adding Subsection (c) to read as follows:
19	19	(a) When the accused is found guilty of more than one
20	20	offense arising out of the same criminal episode prosecuted in a
21	21	single criminal action, a sentence for each offense for which the
22	22	accused [he] has been found guilty shall be pronounced. Except as
23	23	provided by Subsections [Subsection] (b) and (c), the sentences
24	24	shall run concurrently.
25	25	(c) If in a single criminal action the accused is found
26	26	guilty of more than one offense under Section 22.02 that arises out
27	27	of the same criminal episode, the sentences run consecutively if
28	28	each sentence is for a conviction of an assault punishable as a
29	29	felony of the first degree under Section 22.02(b)(4).
30	30	SECTION 3. Section 3.04(c), Penal Code, is amended to read
31	31	as follows:
32	32	(c) The right to severance under this section does not apply
33	33	to a prosecution for offenses described by Section 3.03(b) or (c)
34	34	unless the court determines that the defendant or the state would be
35	35	unfairly prejudiced by a joinder of offenses, in which event the
36	36	judge may order the offenses to be tried separately or may order
37	37	other relief as justice requires.
38	38	SECTION 4. Section 22.02(b), Penal Code, is amended to read
39	39	as follows:
40	40	(b) An offense under this section is a felony of the second
41	41	degree, except that the offense is a felony of the first degree if:
42	42	(1) the actor uses a deadly weapon during the
43	43	commission of the assault and causes serious bodily injury to a
44	44	person whose relationship to or association with the defendant is
45	45	described by Section 71.0021(b), 71.003, or 71.005, Family Code;
46	46	(2) regardless of whether the offense is committed
47	47	under Subsection (a)(1) or (a)(2), the offense is committed:
48	48	(A) by a public servant acting under color of the
49	49	servant's office or employment;
50	50	(B) against a person the actor knows is a public
51	51	servant while the public servant is lawfully discharging an
52	52	official duty, or in retaliation or on account of an exercise of
53	53	official power or performance of an official duty as a public
54	54	servant;
55	55	(C) in retaliation against or on account of the
56	56	service of another as a witness, prospective witness, informant, or
57	57	person who has reported the occurrence of a crime;
58	58	(D) against a person the actor knows is a process
59	59	server while the person is performing a duty as a process server; or
60	60	(E) against a person the actor knows is a
61	61	security officer while the officer is performing a duty as a
62	62	security officer; [or]
63	63	(3) the actor is in a motor vehicle, as defined by
64	64	Section 501.002, Transportation Code, and:
65	65	(A) knowingly discharges a firearm at or in the
66	66	direction of a habitation, building, or vehicle;
67	67	(B) is reckless as to whether the habitation,
68	68	building, or vehicle is occupied; and
69	69	(C) in discharging the firearm, causes serious
70	70	bodily injury to any person; or
71	71	(4) the actor commits the assault as part of a mass
72	72	shooting.
73	73	SECTION 5. The changes in law made by this Act apply only to
74	74	an offense committed on or after the effective date of this Act. An
75	75	offense committed before the effective date of this Act is governed
76	76	by the law in effect on the date the offense was committed, and the
77	77	former law is continued in effect for that purpose. For purposes of
78	78	this section, an offense was committed before the effective date of
79	79	this Act if any element of the offense occurred before that date.
80	80	SECTION 6. This Act takes effect September 1, 2023.
81	81	______________________________ ______________________________
82	82	President of the Senate Speaker of the House
83	83	I certify that H.B. No. 165 was passed by the House on April
84	84	12, 2023, by the following vote: Yeas 143, Nays 0, 2 present, not
85	85	voting.
86	86	______________________________
87	87	Chief Clerk of the House
88	88	I certify that H.B. No. 165 was passed by the Senate on May
89	89	17, 2023, by the following vote: Yeas 30, Nays 1.
90	90	______________________________
91	91	Secretary of the Senate
92	92	APPROVED: _____________________
93	93	Date
94	94	_____________________
95	95	Governor