CHAPTER 3. MULTIPLE PROSECUTIONS
PENAL CODE
TITLE 1. INTRODUCTORY PROVISIONS
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 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; or
(4) an offense for which the judgment in the case contains an
affirmative finding under Article 42.0197, Code of Criminal
Procedure.
(b-1) Subsection (b)(4) does not apply to a defendant whose case
was transferred to the court under Section 54.02, Family Code.
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.
Amended by:
Acts 2005, 79th Leg., Ch.
527, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.47, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1291, Sec. 6, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1130, Sec. 21, eff. September 1, 2009.
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.
Amended by:
Acts 2005, 79th Leg., Ch.
527, Sec. 2, eff. September 1, 2005.