Texas Penal Code - Section 3.03. Sentences For Offenses Arising Out Of Same Criminal Episode

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§ 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, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994;  Acts 1995, 74th Leg., ch. 596, § 1, eff. Sept. 1, 1995;  
Acts 1997, 75th Leg., ch. 667, § 2, eff. Sept. 1, 1997;  Acts 
2005, 79th Leg., ch. 527, § 1, eff. Sept. 1, 2005.

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Last modified: August 10, 2007