BILL ANALYSIS

C.S.S.B. 386

By: Hall

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Officer Richard Houston responded to a domestic violence call in full uniform with a prominent badge on his chest. While responding to the call, Officer Houston was shot three times and died. At his capital murder trial the defendant asserted that he did not know Officer Houston was a peace officer and his attorneys argued that there was insufficient evidence to support a conviction for capital murder. Violence against first responders is staggering. According to the Fraternal Order of Police, in a 9-month span in 2022, 252 officers were shot and 50 officers nationwide were murdered in the line of duty. Unfortunately, under the current capital murder law in Texas, there is no presumption of knowledge that the actor knew a uniformed victim was an officer acting in accordance with their lawful duties. C.S.S.B. 386 seeks to correct this oversight in the capital murder law.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.S.B. 386 amends the Penal Code to establish a presumption, for purposes of prosecuting capital murder committed against a peace officer or fireman acting in the lawful discharge of an official duty, that the actor knew the person murdered was a peace officer or fireman if the person was wearing a distinctive uniform or badge indicating the person's employment as a peace officer or fireman. The bill applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE

While C.S.S.B. 386 may differ from the engrossed in minor or nonsubstantive ways, the following summarizes the substantial differences between the engrossed and committee substitute versions of the bill.

The substitute omits the presumption that the actor knew the person murdered was a peace officer or fireman if the person made an identification as a peace officer or fireman to the actor, which was present in the engrossed.