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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.