Tex.
Code of Crim. Proc. Article 42.08
Cumulative or Concurrent Sentence
(a)
When the same defendant has been convicted in two or more cases, judgment and sentence shall be pronounced in each case in the same manner as if there had been but one conviction. Except as provided by Subsections (b) and (c), in the discretion of the court, the judgment in the second and subsequent convictions may either be that the sentence imposed or suspended shall begin when the judgment and the sentence imposed or suspended in the preceding conviction has ceased to operate, or that the sentence imposed or suspended shall run concurrently with the other case or cases, and sentence and execution shall be accordingly; provided, however, that the cumulative total of suspended sentences in felony cases shall not exceed 10 years, and the cumulative total of suspended sentences in misdemeanor cases shall not exceed the maximum period of confinement in jail applicable to the misdemeanor offenses, though in no event more than three years, including extensions of periods of community supervision under Article 42A.752 (Continuation or Modification of Community Supervision After Violation)(a)(2), if none of the offenses are offenses under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, or four years, including extensions, if any of the offenses are offenses under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code.(b)
If a defendant is sentenced for an offense committed while the defendant was an inmate in the Texas Department of Criminal Justice and serving a sentence for an offense other than a state jail felony and the defendant has not completed the sentence he was serving at the time of the offense, the judge shall order the sentence for the subsequent offense to commence immediately on completion of the sentence for the original offense.(b-1)
(1) A judge sentencing a defendant convicted of an offense under Section 38.112 (Tampering with Electronic Monitoring Device), Penal Code, committed while on parole or mandatory supervision may order the sentence for the offense to:(A)
run concurrently with the sentence for the offense for which the defendant was released on parole or to mandatory supervision; or(B)
if the defendant’s parole or mandatory supervision has been revoked, commence immediately on completion of the sentence for the offense for which the defendant was released on parole or to mandatory supervision.(2)
A judge who orders a sentence to be imposed consecutively in the manner described by Subdivision (1)(B) shall, on pronouncing the sentence, order the defendant transferred to the custody of the Texas Department of Criminal Justice for purposes of serving the applicable sentences consecutively as described by that subdivision if the defendant has not been taken into custody by the department following the revocation of the defendant’s parole or mandatory supervision.(c)
If a defendant has been convicted in two or more cases and the court suspends the imposition of the sentence in one of the cases, the court may not order a sentence of confinement to commence on the completion of a suspended sentence for an offense.(1)
a copy of the judgment entered pursuant to Article 42.01, completed on a standardized felony judgment form described by Section 4 of that article;(2)
a copy of any order revoking community supervision and imposing sentence pursuant to Article 42A.755 (Revocation of Community Supervision), including:(A)
any amounts owed for restitution, fines, and court costs, completed on a standardized felony judgment form described by Section 4, Article 42.01; and(B)
a copy of the client supervision plan prepared for the defendant by the community supervision and corrections department supervising the defendant, if such a plan was prepared;(3)
a written report that states the nature and the seriousness of each offense and that states the citation to the provision or provisions of the Penal Code or other law under which the defendant was convicted;(4)
a copy of the victim impact statement, if one has been prepared in the case under Subchapter D (Victim Impact Statement; Information Booklet), Chapter 56A (Rights of Crime Victims);(5)
a statement as to whether there was a change in venue in the case and, if so, the names of the county prosecuting the offense and the county in which the case was tried;(6)
if requested, information regarding the criminal history of the defendant, including the defendant’s state identification number if the number has been issued;(7)
a copy of the indictment or information for each offense;(8)
a checklist sent by the department to the county and completed by the county in a manner indicating that the documents required by this subsection and Subsection (c) accompany the defendant;(9)
if prepared, a copy of a presentence or postsentence report prepared under Subchapter F (Definitions), Chapter 42A (Community Supervision);(10)
a copy of any detainer, issued by an agency of the federal government, that is in the possession of the county and that has been placed on the defendant;(11)
if prepared, a copy of the defendant’s Texas Uniform Health Status Update Form;(12)
a written description of a hold or warrant, issued by any other jurisdiction, that the county is aware of and that has been placed on or issued for the defendant; and(13)
a copy of any mental health records, mental health screening reports, or similar information regarding the mental health of the defendant.(b)
The Texas Department of Criminal Justice shall not take a defendant into custody under this article until the designated officer receives the documents required by Subsections (a) and (c) of this section and determines that the documents do not contain any errors or deficiencies requiring corrective action by the county. Not later than the fifth business day after the date of receipt of the documents, the designated officer shall:(1)
certify the documents under the seal of the department if the designated officer determines the documents do not require any corrective action; or(2)
notify the county that the designated officer has determined that the documents require corrective action.(b-1)
A document certified under Subsection (b) is self-authenticated for the purposes of Rules 901 and 902, Texas Rules of Evidence.(c)
A county that transfers a defendant to the Texas Department of Criminal Justice under this article shall also deliver to the designated officer any presentence or postsentence investigation report, revocation report, psychological or psychiatric evaluation of the defendant, including a written report provided to a court under Article 16.22 (Early Identification of Defendant Suspected of Having Mental Illness or Intellectual Disability)(a)(1)(B) or an evaluation prepared for the juvenile court before transferring the defendant to criminal court and contained in the criminal prosecutor’s file, and available social or psychological background information relating to the defendant and may deliver to the designated officer any additional information upon which the judge or jury bases the punishment decision.(d)
The correctional institutions division of the Texas Department of Criminal Justice shall make documents received under Subsections (a) and (c) available to the parole division on the request of the parole division and shall, on release of a defendant on parole or to mandatory supervision, immediately provide the parole division with copies of documents received under Subsection (a). The parole division shall provide to the parole officer appointed to supervise the defendant a comprehensive summary of the information contained in the documents referenced in this section not later than the 14th day after the date of the defendant’s release. The summary shall include a current photograph of the defendant and a complete set of the defendant’s fingerprints. Upon written request from the county sheriff, the photograph and fingerprints shall be filed with the sheriff of the county to which the parolee is assigned if that county is not the county from which the parolee was sentenced.(e)
A county is not required to deliver separate documents containing information relating to citations to provisions of the Penal Code or other law and to changes of venue, as otherwise required by Subsections (a)(3) and (a)(5) of this article, if the standardized felony judgment form described by Section 4, Article 42.01, of this code is modified to require that information.(f)
Except as provided by Subsection (g) of this section, the county sheriff is responsible for ensuring that documents and information required by this section accompany defendants sentenced by district courts in the county to the Texas Department of Criminal Justice.(g)
If the presiding judge of the administrative judicial region in which the county is located determines that the county sheriff is unable to perform the duties required by Subsection (f) of this section, the presiding judge may impose those duties on:(1)
the district clerk; or(2)
the prosecutor of each district court in the county.(h)
If a parole panel releases on parole a person who is confined in a jail in this state, a federal correctional institution, or a correctional institution in another state, the Texas Department of Criminal Justice shall request the sheriff who would otherwise be required to transfer the person to the department to forward to the department the information described by Subsections (a) and (c) of this section. The sheriff shall comply with the request of the department. The department shall determine whether the information forwarded by the sheriff under this subsection contains a thumbprint taken from the person in the manner provided by Article 38.33 of this code and, if not, the department shall obtain a thumbprint taken in the manner provided by that article and shall forward the thumbprint to the department for inclusion with the information sent by the sheriff.(i)
A county may deliver the documents required under Subsections (a) and (c) of this section to the Texas Department of Criminal Justice by electronic means. For purposes of this subsection, “electronic means” means the transmission of data between word processors, data processors, or similar automated information equipment over dedicated cables, commercial lines, or other similar methods of transmission.(j)
If after a county transfers a defendant or inmate to the Texas Department of Criminal Justice the charges on which the defendant or inmate was convicted and for which the defendant or inmate was transferred are dismissed, the county shall immediately notify an officer designated by the department of the dismissal.
Source:
Article 42.08 — Cumulative or Concurrent Sentence, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42.htm#42.08 (accessed Jun. 5, 2024).
