1-1 By: De La Garza, et al. (Senate Sponsor - West) H.B. No. 24
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Criminal Justice; May 18, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 May 18, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 24 By: West
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the commission of and prosecution and punishment for
1-20 the offense of criminal solicitation.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 15.03, Penal Code, is amended to read as
1-23 follows:
1-24 Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an
1-25 offense if:
1-26 (1) <,> with intent that a capital felony or felony of
1-27 the first degree be committed, he requests, commands, or attempts
1-28 to induce another to engage in specific conduct that, under the
1-29 circumstances surrounding his conduct as the actor believes them to
1-30 be, would constitute the felony or make the other a party to its
1-31 commission; or
1-32 (2) with intent that a felony be committed, he
1-33 requests, commands, or attempts to induce a child to engage in
1-34 specific conduct that, under the circumstances surrounding the
1-35 conduct of the child as the actor believes them to be, would
1-36 constitute the felony or make the child a party to its commission.
1-37 (b) A person may not be convicted under this section <on the
1-38 uncorroborated testimony of the person allegedly solicited and>
1-39 unless the solicitation is made under circumstances strongly
1-40 corroborative of both the solicitation itself and the actor's
1-41 intent that the other person act on the solicitation.
1-42 (c) It is no defense to prosecution under this section that:
1-43 (1) the person solicited is not criminally responsible
1-44 for the felony solicited;
1-45 (2) the person solicited has been acquitted, has not
1-46 been prosecuted or convicted, has been convicted of a different
1-47 offense or of a different type or class of offense, or is immune
1-48 from prosecution;
1-49 (3) the actor belongs to a class of persons that by
1-50 definition of the felony solicited is legally incapable of
1-51 committing the offense in an individual capacity; or
1-52 (4) the felony solicited was actually committed.
1-53 (d) An offense under Subsection (a)(1) of this section is:
1-54 (1) a felony of the first degree if the offense
1-55 solicited is a capital offense; or
1-56 (2) a felony of the second degree if the offense
1-57 solicited is a felony of the first degree.
1-58 (e) An offense under Subsection (a) (2) of this section is a
1-59 felony of the same degree as the most serious offense solicited
1-60 unless the offense solicited is capital murder, in which event the
1-61 offense under Subsection (a) (2) is a felony of the first degree.
1-62 (f) In this section, "child" is defined as any person under
1-63 the age of 17.
1-64 SECTION 2. (a) The change in the law made by this Act
1-65 applies only to an offense committed on or after the effective date
1-66 of this Act. For purposes of this section, an offense is committed
1-67 before the effective date of this Act if any element of the offense
1-68 occurs before the effective date.
2-1 (b) An offense committed before the effective date of this
2-2 Act is covered by the law in effect when the offense was committed,
2-3 and the former law is continued in effect for this purpose.
2-4 SECTION 3. This Act takes effect September 1, 1993.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.
2-10 * * * * *
2-11 Austin,
2-12 Texas
2-13 May 18, 1993
2-14 Hon. Bob Bullock
2-15 President of the Senate
2-16 Sir:
2-17 We, your Committee on Criminal Justice to which was referred H.B.
2-18 No. 24, have had the same under consideration, and I am instructed
2-19 to report it back to the Senate with the recommendation that it do
2-20 not pass, but that the Committee Substitute adopted in lieu thereof
2-21 do pass and be printed.
2-22 Whitmire,
2-23 Chairman
2-24 * * * * *
2-25 WITNESSES
2-26 FOR AGAINST ON
2-27 ___________________________________________________________________
2-28 Name: Michael Howard x
2-29 Representing: Houston Pol Patrolmen's Union
2-30 City: Houston
2-31 -------------------------------------------------------------------
2-32 Name: Dave Barber x
2-33 Representing: Houston Pol Dept
2-34 City: Houston
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