HBA-KMH H.B. 521 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 521 By: McReynolds Criminal Jurisprudence 4/23/1999 Introduced BACKGROUND AND PURPOSE Oftentimes, individuals commit multiple crimes during the same criminal episode. Current Texas law (Section 3.03, Penal Code) provides that upon conviction of more than one offense arising from the same criminal episode, the sentence shall run concurrently (at the same time). H.B. 521 grants the court the option of consecutive (one after the other) sentencing for offenses arising out of the same criminal episode. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 3.03 and 3.04, Penal Code, as follows: Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE. Withdraws current exceptions to sentencing and provides that all offenses under this section run concurrently or consecutively. Removes designations of subsections. Sec. 3.04. SEVERANCE. Prohibits separate trials for offenses which arise out of the same criminal episode if each offense is an offense under Sections 21.11 (Indecency With a Child), 22.011 (Sexual Assault), 22.021 (Aggravated Sexual Assault), 25.02 (Prohibited Sexual Conduct), or 43.25 (Sexual Performance By a Child) committed against a victim younger than 17 years of age at the time of commission even if the accused is prosecuted for violations of the same section more than once or is prosecuted for violations of more than one section. Makes conforming changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.