88(R) HB 165 - Enrolled version (original) (raw)

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.

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:

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;

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

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.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 165 was passed by the House on April

12, 2023, by the following vote: Yeas 143, Nays 0, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 165 was passed by the Senate on May

17, 2023, by the following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor