By De La Garza, Park, Van de Putte,                     H.B. No. 27
             Alvarado, et al.
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the offense of discharging a firearm
    1-3  from a vehicle or using a vehicle in immediate flight following
    1-4  discharge of a firearm and to prosecution of that conduct as a
    1-5  capital offense under certain circumstances.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Chapter 42, Penal Code, is amended by adding
    1-8  Section 42.16 to read as follows:
    1-9        Sec. 42.16.  Discharging a Firearm From a Vehicle.  (a)  A
   1-10  person commits an offense if the person:
   1-11              (1)  knowingly discharges a firearm from a vehicle or
   1-12  uses a vehicle in immediate flight following a knowing discharge of
   1-13  the firearm and the person is reckless about whether another may be
   1-14  injured by the discharge of the firearm; or
   1-15              (2)  intentionally or knowingly threatens another with
   1-16  a firearm and the person:
   1-17                    (A)  makes the threat while in a vehicle; or
   1-18                    (B)  uses a vehicle in immediate flight following
   1-19  the threat.
   1-20        (b)  Except as provided by Subsection (c) of this section, an
   1-21  offense under this section is a felony of the third degree.
   1-22        (c)  An offense under this section is a felony of the second
   1-23  degree if it is shown at the trial of the offense that the actor's
   1-24  conduct caused bodily injury to another.
    2-1        (d)  It is a defense to prosecution under Subsection (a)(1)
    2-2  of this section that the person was lawfully engaged in a sporting
    2-3  activity at the time the person discharged the firearm.
    2-4        (e)  If conduct constituting an offense under this section
    2-5  also constitutes an offense under another section of this code, the
    2-6  person may be prosecuted under either section.
    2-7        (f)  In this section, "vehicle" has the meaning assigned by
    2-8  Section 30.01 of this code.
    2-9        SECTION 2.  Section 19.03(a), Penal Code, is amended to read
   2-10  as follows:
   2-11        (a)  A person commits an offense if he commits murder as
   2-12  defined under Section 19.02(a)(1) of this code and:
   2-13              (1)  the person murders a peace officer or fireman who
   2-14  is acting in the lawful discharge of an official duty and who the
   2-15  person knows is a peace officer or fireman;
   2-16              (2)  the person intentionally commits the murder in the
   2-17  course of committing or attempting to commit kidnapping, burglary,
   2-18  robbery, aggravated sexual assault, or arson;
   2-19              (3)  the person commits the murder for remuneration or
   2-20  the promise of remuneration or employs another to commit the murder
   2-21  for remuneration or the promise of remuneration;
   2-22              (4)  the person commits the murder while escaping or
   2-23  attempting to escape from a penal institution;
   2-24              (5)  the person, while incarcerated in a penal
   2-25  institution, murders another who is employed in the operation of
   2-26  the penal institution; <or>
   2-27              (6)  the person murders more than one person:
    3-1                    (A)  during the same criminal transaction; or
    3-2                    (B)  during different criminal transactions but
    3-3  the murders are committed pursuant to the same scheme or course of
    3-4  conduct; or
    3-5              (7)  the person intentionally commits the murder by
    3-6  discharging a firearm at another and the person:
    3-7                    (A)  discharges the firearm while in a vehicle;
    3-8  or
    3-9                    (B)  uses a vehicle in immediate flight following
   3-10  the discharge of the firearm.
   3-11        SECTION 3.  (a)  The change in law made by this Act applies
   3-12  to an offense committed on or after the effective date of this Act.
   3-13  For purposes of this section, an offense is committed before the
   3-14  effective date of this Act if any element of the offense occurs
   3-15  before the effective date.
   3-16        (b)  An offense committed before the effective date of this
   3-17  Act is covered by the law in effect when the offense was committed,
   3-18  and the former law is continued in effect for that purpose.
   3-19        SECTION 4.  This Act takes effect September 1, 1993.
   3-20        SECTION 5.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended.