PENAL CODE

CHAPTER 3. MULTIPLE PROSECUTIONS


	§ 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, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1987, 70th Leg., ch. 387, § 1, eff. Sept. 1, 
1987;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


	§ 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, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.


	§ 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 49.08;  or                                                
			(B)  for which a plea agreement was reached in a 
case in which the accused was charged with more than one offense 
under Section 49.08;  or
		(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.

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.


	§ 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)(2) 
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, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994;  Acts 1997, 75th Leg., ch. 667, § 3, eff. Sept. 1, 1997.