87S10056 MEW-D     By: Gervin-Hawkins H.B. No. 23       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, as effective   September 1, 2021, 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 December 1, 2021.