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.