Texas 2023 - 88th Regular

Texas House Bill HB802 Compare Versions

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Version 2 (New)

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1	1	88R4110 MEW-D
2	2	By: Gervin-Hawkins H.B. No. 802
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the imposition of consecutive sentences for more than
8	8	one criminal offense of injury to a child, elderly individual, or
9	9	disabled individual arising out of the same criminal episode.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 3.03(b), Penal Code, is amended to read
12	12	as follows:
13	13	(b) If the accused is found guilty of more than one offense
14	14	arising out of the same criminal episode, the sentences may run
15	15	concurrently or consecutively if each sentence is for a conviction
16	16	of:
17	17	(1) an offense:
18	18	(A) under Section 49.07 or 49.08, regardless of
19	19	whether the accused is convicted of violations of the same section
20	20	more than once or is convicted of violations of both sections; or
21	21	(B) for which a plea agreement was reached in a
22	22	case in which the accused was charged with more than one offense
23	23	listed in Paragraph (A), regardless of whether the accused is
24	24	charged with violations of the same section more than once or is
25	25	charged with violations of both sections;
26	26	(2) an offense:
27	27	(A) under Section 33.021 or an offense under
28	28	Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
29	29	against a victim younger than 17 years of age at the time of the
30	30	commission of the offense regardless of whether the accused is
31	31	convicted of violations of the same section more than once or is
32	32	convicted of violations of more than one section; or
33	33	(B) for which a plea agreement was reached in a
34	34	case in which the accused was charged with more than one offense
35	35	listed in Paragraph (A) committed against a victim younger than 17
36	36	years of age at the time of the commission of the offense regardless
37	37	of whether the accused is charged with violations of the same
38	38	section more than once or is charged with violations of more than
39	39	one section;
40	40	(3) an offense:
41	41	(A) under Section 21.15 or 43.26, regardless of
42	42	whether the accused is convicted of violations of the same section
43	43	more than once or is convicted of violations of both sections; or
44	44	(B) for which a plea agreement was reached in a
45	45	case in which the accused was charged with more than one offense
46	46	listed in Paragraph (A), regardless of whether the accused is
47	47	charged with violations of the same section more than once or is
48	48	charged with violations of both sections;
49	49	(4) an offense for which the judgment in the case
50	50	contains an affirmative finding under Article 42.0197, Code of
51	51	Criminal Procedure;
52	52	(5) an offense:
53	53	(A) under Section 20A.02, 20A.03, or 43.05,
54	54	regardless of whether the accused is convicted of violations of the
55	55	same section more than once or is convicted of violations of more
56	56	than one section; or
57	57	(B) for which a plea agreement was reached in a
58	58	case in which the accused was charged with more than one offense
59	59	listed in Paragraph (A), regardless of whether the accused is
60	60	charged with violations of the same section more than once or is
61	61	charged with violations of more than one section;
62	62	(6) an offense[:
63	63	[(A)] under Section 22.04 [22.04(a)(1) or (2) or
64	64	Section 22.04(a-1)(1) or (2) that is punishable as a felony of the
65	65	first degree, regardless of whether the accused is convicted of
66	66	violations of the same section more than once or is convicted of
67	67	violations of more than one section;] or an offense
68	68	[(B)] for which a plea agreement was reached in a
69	69	case in which the accused was charged with more than one offense
70	70	under Section 22.04 [listed in Paragraph (A) and punishable as
71	71	described by that paragraph, regardless of whether the accused is
72	72	charged with violations of the same section more than once or is
73	73	charged with violations of more than one section]; or
74	74	(7) any combination of offenses listed in Subdivisions
75	75	(1)-(6).
76	76	SECTION 2. The change in law made by this Act applies only
77	77	to an offense committed on or after the effective date of this Act.
78	78	An offense committed before the effective date of this Act is
79	79	governed by the law in effect on the date the offense was committed,
80	80	and the former law is continued in effect for that purpose. For
81	81	purposes of this section, an offense was committed before the
82	82	effective date of this Act if any element of the offense occurred
83	83	before that date.
84	84	SECTION 3. This Act takes effect September 1, 2023.