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.