PENAL CODE
CHAPTER 3. MULTIPLE PROSECUTIONS
Sec. 3.01. DEFINITION. In this chapter, "criminal episode" means the
commission of two or more offenses, regardless of whether the harm is
directed toward or inflicted upon more than one person or item of
property, under the following circumstances:
(1) the offenses are committed pursuant to the same transaction or
pursuant to two or more transactions that are connected or constitute a
common scheme or plan; or
(2) the offenses are the repeated commission of the same or similar
offenses.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1987, 70th Leg., ch. 387, Sec. 1, eff. Sept. 1, 1987; Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS. (a) A
defendant may be prosecuted in a single criminal action for all offenses
arising out of the same criminal episode.
(b) When a single criminal action is based on more than one charging
instrument within the jurisdiction of the trial court, the state shall file
written notice of the action not less than 30 days prior to the trial.
(c) If a judgment of guilt is reversed, set aside, or vacated, and a new
trial ordered, the state may not prosecute in a single criminal action in
the new trial any offense not joined in the former prosecution unless
evidence to establish probable guilt for that offense was not known to
the appropriate prosecuting official at the time the first prosecution
commenced.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL
EPISODE. (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 he has been found
guilty shall be pronounced. Except as provided by Subsection (b), the
sentences shall run concurrently.
(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 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; or
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 596, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 667, Sec. 2, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 527,
Sec. 1, eff. Sept. 1, 2005.
Sec. 3.04. SEVERANCE. (a) Whenever two or more offenses have been
consolidated or joined for trial under Section 3.02, the defendant shall
have a right to a severance of the offenses.
(b) In the event of severance under this section, the provisions of
Section 3.03 do not apply, and the court in its discretion may order the
sentences to run either concurrently or consecutively.
(c) The right to severance under this section does not apply to a
prosecution for offenses described by Section 3.03(b) 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts
1997, 75th Leg., ch. 667, Sec. 3, eff. Sept. 1, 1997; Acts 2005, 79th
Leg., ch. 527, Sec. 2, eff. Sept. 1, 2005.
CHAPTER 3. MULTIPLE PROSECUTIONS
Sec. 3.01. DEFINITION. In this chapter, "criminal episode" means the
commission of two or more offenses, regardless of whether the harm is
directed toward or inflicted upon more than one person or item of
property, under the following circumstances:
(1) the offenses are committed pursuant to the same transaction or
pursuant to two or more transactions that are connected or constitute a
common scheme or plan; or
(2) the offenses are the repeated commission of the same or similar
offenses.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1987, 70th Leg., ch. 387, Sec. 1, eff. Sept. 1, 1987; Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS. (a) A
defendant may be prosecuted in a single criminal action for all offenses
arising out of the same criminal episode.
(b) When a single criminal action is based on more than one charging
instrument within the jurisdiction of the trial court, the state shall file
written notice of the action not less than 30 days prior to the trial.
(c) If a judgment of guilt is reversed, set aside, or vacated, and a new
trial ordered, the state may not prosecute in a single criminal action in
the new trial any offense not joined in the former prosecution unless
evidence to establish probable guilt for that offense was not known to
the appropriate prosecuting official at the time the first prosecution
commenced.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL
EPISODE. (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 he has been found
guilty shall be pronounced. Except as provided by Subsection (b), the
sentences shall run concurrently.
(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 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; or
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 596, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 667, Sec. 2, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 527,
Sec. 1, eff. Sept. 1, 2005.
Sec. 3.04. SEVERANCE. (a) Whenever two or more offenses have been
consolidated or joined for trial under Section 3.02, the defendant shall
have a right to a severance of the offenses.
(b) In the event of severance under this section, the provisions of
Section 3.03 do not apply, and the court in its discretion may order the
sentences to run either concurrently or consecutively.
(c) The right to severance under this section does not apply to a
prosecution for offenses described by Section 3.03(b) 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts
1997, 75th Leg., ch. 667, Sec. 3, eff. Sept. 1, 1997; Acts 2005, 79th
Leg., ch. 527, Sec. 2, eff. Sept. 1, 2005.
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