88R331 ADM-F     By: Whitmire S.B. No. 2074       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of and punishment for an aggravated   assault occurring as part of a mass shooting; increasing a criminal   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.07(a), Penal Code, is amended by   adding Subdivision (30-a) to read as follows:                (30-a)  "Mass shooting" means a person's discharge of a   firearm to cause serious bodily injury or death, or to attempt to   cause serious bodily injury or death, to four or more persons:                      (A)  during the same criminal transaction; or                      (B)  during different criminal transactions but   pursuant to the same scheme or course of conduct.          SECTION 2.  Section 3.03, Penal Code, is amended by amending   Subsection (a) and adding Subsection (c) to read as follows:          (a)  When the accused is found guilty of more than one   offense arising out of the same criminal episode prosecuted in a   single criminal action, a sentence for each offense for which the   accused [he] has been found guilty shall be pronounced. Except as   provided by Subsections [Subsection] (b) and (c), the sentences   shall run concurrently.          (c)  If in a single criminal action the accused is found   guilty of more than one offense under Section 22.02 that arises out   of the same criminal episode, the sentences run consecutively if   each sentence is for a conviction of an assault punishable as a   felony of the first degree under Section 22.02(b)(4).          SECTION 3.  Section 3.04(c), Penal Code, is amended to read   as follows:          (c)  The right to severance under this section does not apply   to a prosecution for offenses described by Section 3.03(b) or (c)   unless the court determines that the defendant or the state would be   unfairly prejudiced by a joinder of offenses, in which event the   judge may order the offenses to be tried separately or may order   other relief as justice requires.          SECTION 4.  Section 22.02(b), Penal Code, is amended to read   as follows:          (b)  An offense under this section is a felony of the second   degree, except that the offense is a felony of the first degree if:                (1)  the actor uses a deadly weapon during the   commission of the assault and causes serious bodily injury to a   person whose relationship to or association with the defendant is   described by Section 71.0021(b), 71.003, or 71.005, Family Code;                (2)  regardless of whether the offense is committed   under Subsection (a)(1) or (a)(2), the offense is committed:                      (A)  by a public servant acting under color of the   servant's office or employment;                      (B)  against a person the actor knows is a public   servant while the public servant is lawfully discharging an   official duty, or in retaliation or on account of an exercise of   official power or performance of an official duty as a public   servant;                      (C)  in retaliation against or on account of the   service of another as a witness, prospective witness, informant, or   person who has reported the occurrence of a crime;                      (D)  against a person the actor knows is a process   server while the person is performing a duty as a process server; or                      (E)  against a person the actor knows is a   security officer while the officer is performing a duty as a   security officer; [or]                (3)  the actor is in a motor vehicle, as defined by   Section 501.002, Transportation Code, and:                      (A)  knowingly discharges a firearm at or in the   direction of a habitation, building, or vehicle;                      (B)  is reckless as to whether the habitation,   building, or vehicle is occupied; and                      (C)  in discharging the firearm, causes serious   bodily injury to any person; or                (4)  the actor commits the assault as part of a mass   shooting.          SECTION 5.  The changes in law made by this Act apply 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 6.  This Act takes effect September 1, 2023.