H.B. No. 2961
AN ACT
relating to criminal responsibility for the conduct of a
coconspirator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.02(b), Penal Code, is amended to read
as follows:
(b) If, in the attempt to carry out a conspiracy to commit
one felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, if the offense was committed
in furtherance of the unlawful purpose and was one that should have
been anticipated as a result of the carrying out of the conspiracy.
In this subsection, "conspiracy" means an agreement between two or
more persons to commit a felony.
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 on the date 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2961 was passed by the House on May 6,
2023, by the following vote: Yeas 116, Nays 18, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2961 was passed by the Senate on May
24, 2023, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor