Bill Text: TX HB220 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to consecutive sentences for certain offenses involving injury to a child, an elderly individual, or a disabled individual and arising out of the same criminal episode.
Spectrum: Moderate Partisan Bill (Republican 21-5)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB220 Detail]
Download: Texas-2013-HB220-Enrolled.html
H.B. No. 220 |
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relating to consecutive sentences for certain offenses involving | ||
injury to a child, an elderly individual, or a disabled individual | ||
and arising out of the same criminal episode. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 3.03(b), Penal Code, is amended to read | ||
as follows: | ||
(b) If the accused is found guilty of more than one offense | ||
arising out of the same criminal episode, the sentences may run | ||
concurrently or consecutively if each sentence is for a conviction | ||
of: | ||
(1) an offense: | ||
(A) under Section 49.07 or 49.08, regardless of | ||
whether the accused is convicted of violations of the same section | ||
more than once or is convicted of violations of both sections; or | ||
(B) for which a plea agreement was reached in a | ||
case in which the accused was charged with more than one offense | ||
listed in Paragraph (A), regardless of whether the accused is | ||
charged with violations of the same section more than once or is | ||
charged with violations of both sections; | ||
(2) an offense: | ||
(A) under Section 33.021 or an offense under | ||
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed | ||
against a victim younger than 17 years of age at the time of the | ||
commission of the offense regardless of whether the accused is | ||
convicted of violations of the same section more than once or is | ||
convicted of violations of more than one section; or | ||
(B) for which a plea agreement was reached in a | ||
case in which the accused was charged with more than one offense | ||
listed in Paragraph (A) committed against a victim younger than 17 | ||
years of age at the time of the commission of the offense regardless | ||
of whether the accused is charged with violations of the same | ||
section more than once or is charged with violations of more than | ||
one section; | ||
(3) an offense: | ||
(A) under Section 21.15 or 43.26, regardless of | ||
whether the accused is convicted of violations of the same section | ||
more than once or is convicted of violations of both sections; or | ||
(B) for which a plea agreement was reached in a | ||
case in which the accused was charged with more than one offense | ||
listed in Paragraph (A), regardless of whether the accused is | ||
charged with violations of the same section more than once or is | ||
charged with violations of both sections; | ||
(4) an offense for which the judgment in the case | ||
contains an affirmative finding under Article 42.0197, Code of | ||
Criminal Procedure; [ |
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(5) an offense: | ||
(A) under Section 20A.02 or 43.05, regardless of | ||
whether the accused is convicted of violations of the same section | ||
more than once or is convicted of violations of both sections; or | ||
(B) for which a plea agreement was reached in a | ||
case in which the accused was charged with more than one offense | ||
listed in Paragraph (A), regardless of whether the accused is | ||
charged with violations of the same section more than once or is | ||
charged with violations of both sections; or | ||
(6) an offense: | ||
(A) under Section 22.04(a)(1) or (2) or Section | ||
22.04(a-1)(1) or (2) that is punishable as a felony of the first | ||
degree, regardless of whether the accused is convicted of | ||
violations of the same section more than once or is convicted of | ||
violations of more than one section; or | ||
(B) for which a plea agreement was reached in a | ||
case in which the accused was charged with more than one offense | ||
listed in Paragraph (A) and punishable as described by that | ||
paragraph, regardless of whether the accused is charged with | ||
violations of the same section more than once or is charged with | ||
violations of more than one section. | ||
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 at the time 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, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 220 was passed by the House on April | ||
19, 2013, by the following vote: Yeas 139, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 220 was passed by the Senate on May | ||
17, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |