By: Moffat H.B. No. 1640
73R1113 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to murder committed in retaliation against certain persons
1-3 as a capital offense.
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 commits the murder in retaliation for
2-5 or on account of the service of another as a participant in a court
2-6 proceeding, a witness, a prospective witness, an informant, or a
2-7 person who has reported the occurrence of a crime.
2-8 SECTION 2. Section 19.03, Penal Code, is amended by adding
2-9 Subsection (d) to read as follows:
2-10 (d) In this section, "informant" has the meaning assigned by
2-11 Section 36.06 of this code.
2-12 SECTION 3. (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 purposes of this section, an offense is committed before
2-15 the effective date of this Act if any element of the offense occurs
2-16 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 on the date the offense was
2-19 committed, and the former law is continued in effect for this
2-20 purpose.
2-21 SECTION 4. This Act takes effect September 1, 1993.
2-22 SECTION 5. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.