By:  Wilson                                           H.B. No. 1222
       73R5623 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to capital murder by a peace officer, jailer, or guard of
    1-3  a person in custody.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 19.03(a), Penal Code, is amended to read
    1-6  as follows:
    1-7        (a)  A person commits an offense if he commits murder as
    1-8  defined under Section 19.02(a)(1) of this code and:
    1-9              (1)  the person murders a peace officer or fireman who
   1-10  is acting in the lawful discharge of an official duty and who the
   1-11  person knows is a peace officer or fireman;
   1-12              (2)  the person intentionally commits the murder in the
   1-13  course of committing or attempting to commit kidnapping, burglary,
   1-14  robbery, aggravated sexual assault, or arson;
   1-15              (3)  the person commits the murder for remuneration or
   1-16  the promise of remuneration or employs another to commit the murder
   1-17  for remuneration or the promise of remuneration;
   1-18              (4)  the person commits the murder while escaping or
   1-19  attempting to escape from a penal institution;
   1-20              (5)  the person, while incarcerated in a penal
   1-21  institution, murders another who is employed in the operation of
   1-22  the penal institution; <or>
   1-23              (6)  the person murders more than one person:
   1-24                    (A)  during the same criminal transaction; or
    2-1                    (B)  during different criminal transactions but
    2-2  the murders are committed pursuant to the same scheme or course of
    2-3  conduct; or
    2-4              (7)  the person:
    2-5                    (A)  is a jailer or guard employed at a municipal
    2-6  or county jail, by the institutional division of the Texas
    2-7  Department of Criminal Justice, or by a correctional facility
    2-8  authorized by Subchapter F, Chapter 351, Local Government Code, or
    2-9  Chapter 495, Government Code, or is a peace officer; and
   2-10                    (B)  murders another who at the time of the
   2-11  offense is in the peace officer's, jailer's, or guard's custody.
   2-12        SECTION 2.  (a)  The change in law made by this Act applies
   2-13  only to an offense committed on or after the effective date of this
   2-14  Act.  For the purposes of this section, an offense is committed
   2-15  before the effective date of this Act if any element of the offense
   2-16  occurs before the effective date.
   2-17        (b)  An offense committed before the effective date of this
   2-18  Act is covered by the law in effect when the offense was committed,
   2-19  and the former law is continued in effect for this purpose.
   2-20        SECTION 3.  This Act takes effect September 1, 1993.
   2-21        SECTION 4.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.