bill letting judges stack sentences for injury to a child

The text as introduced · 745 words

89R3624 MEW-D

By: Gervin-Hawkins
H.B. No. 544

A BILL TO BE ENTITLED

AN ACT

relating to the imposition of consecutive sentences for more than

one criminal offense of injury to a child, elderly individual, or

disabled individual 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;

(5) an offense:

(A) under Section 20A.02, 20A.03, 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 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), 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;

(6) an offense[ :

[ (A) ] under Section 22.04 [ 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 an offense

[ (B) ] for which a plea agreement was reached in a

case in which the accused was charged with more than one offense

under Section 22.04 [ 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 ]; or

(7) any combination of offenses listed in Subdivisions

(1)-(6).

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, 2025.