1-1  By:  Brown, Lucio, Nelson                               S.B. No. 13
    1-2       Sibley, Bivins
    1-3        (In the Senate - Filed November 9, 1992; January 13, 1993,
    1-4  read first time and referred to Committee on Criminal Justice;
    1-5  March 9, 1993, reported favorably by the following vote:  Yeas 6,
    1-6  Nays 0; March 9, 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                         A BILL TO BE ENTITLED
   1-17                                AN ACT
   1-18  relating to the murder of an individual under six years of age as a
   1-19  capital offense.
   1-20        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-21        SECTION 1.  Subsection (a), Section 19.03, Penal Code, is
   1-22  amended to read as follows:
   1-23        (a)  A person commits an offense if he commits murder as
   1-24  defined under Section 19.02(a)(1) of this code and:
   1-25              (1)  the person murders a peace officer or fireman who
   1-26  is acting in the lawful discharge of an official duty and who the
   1-27  person knows is a peace officer or fireman;
   1-28              (2)  the person intentionally commits the murder in the
   1-29  course of committing or attempting to commit kidnapping, burglary,
   1-30  robbery, aggravated sexual assault, or arson;
   1-31              (3)  the person commits the murder for remuneration or
   1-32  the promise of remuneration or employs another to commit the murder
   1-33  for remuneration or the promise of remuneration;
   1-34              (4)  the person commits the murder while escaping or
   1-35  attempting to escape from a penal institution;
   1-36              (5)  the person, while incarcerated in a penal
   1-37  institution, murders another who is employed in the operation of
   1-38  the penal institution; <or>
   1-39              (6)  the person murders more than one person:
   1-40                    (A)  during the same criminal transaction; or
   1-41                    (B)  during different criminal transactions but
   1-42  the murders are committed pursuant to the same scheme or course of
   1-43  conduct; or
   1-44              (7)  the person murders an individual under six years
   1-45  of age.
   1-46        SECTION 2.  (a)  The change in law made by this Act applies
   1-47  to an offense committed on or after the effective date of this Act.
   1-48  For purposes of this section, an offense is committed before the
   1-49  effective date of this Act if any element of the offense occurs
   1-50  before the effective date.
   1-51        (b)  An offense committed before the effective date of this
   1-52  Act is covered by the law in effect when the offense was committed,
   1-53  and the former law is continued in effect for this purpose.
   1-54        SECTION 3.  This Act takes effect September 1, 1993.
   1-55        SECTION 4.  The importance of this legislation and the
   1-56  crowded condition of the calendars in both houses create an
   1-57  emergency and an imperative public necessity that the
   1-58  constitutional rule requiring bills to be read on three several
   1-59  days in each house be suspended, and this rule is hereby suspended.
   1-60                               * * * * *
   1-61                                                         Austin,
   1-62  Texas
   1-63                                                         March 9, 1993
   1-64  Hon. Bob Bullock
   1-65  President of the Senate
   1-66  Sir:
   1-67  We, your Committee on Criminal Justice to which was referred S.B.
   1-68  No. 13, have had the same under consideration, and I am instructed
    2-1  to report it back to the Senate with the recommendation that it do
    2-2  pass and be printed.
    2-3                                                         Whitmire,
    2-4  Chairman
    2-5                               * * * * *
    2-6                               WITNESSES
    2-7                                                  FOR   AGAINST  ON
    2-8  ___________________________________________________________________
    2-9  Name:  Knox Fitzpatrick                          x
   2-10  Representing:  Dist. Att'n. Dallas Co.
   2-11  City:  Dallas
   2-12  -------------------------------------------------------------------
   2-13  Name:  Mark Clark                                x
   2-14  Representing:  CLEAT/HPOA
   2-15  City:
   2-16  -------------------------------------------------------------------
   2-17  Name:  Vernon Gaston                             x
   2-18  Representing:  City of Garland
   2-19  City:  Garland
   2-20  -------------------------------------------------------------------
   2-21  Name:  Patsy Teel                                x
   2-22  Representing:
   2-23  City:  Houston
   2-24  -------------------------------------------------------------------
   2-25  Name:  Madonna Pitrucha                          x
   2-26  Representing:  Parents of Murdered Children
   2-27  City:  Houston
   2-28  -------------------------------------------------------------------
   2-29  Name:  Robert Carreiro                           x
   2-30  Representing:
   2-31  City:  Houston
   2-32  -------------------------------------------------------------------
   2-33  Name:  Shannon Noble                                           x
   2-34  Representing:  Tx Women's Political Caucus
   2-35  City:  Austin
   2-36  -------------------------------------------------------------------
   2-37  Name:  Tracey Kirchenbauer                                     x
   2-38  Representing:  Tx Abortion Rights Action Lea
   2-39  City:  Austin
   2-40  -------------------------------------------------------------------
   2-41  Name:  Peggy Rumberg                                           x
   2-42  Representing:  Tx Family Planning Assoc
   2-43  City:  Austin
   2-44  -------------------------------------------------------------------
   2-45  Name:  Sandy Kibby                               x
   2-46  Representing:  TX PTA
   2-47  City:  Austin
   2-48  -------------------------------------------------------------------
   2-49  Name:  Kathy Campbell                                          x
   2-50  Representing:  Dept. of Protective Reg. Serv
   2-51  City:  Austin
   2-52  -------------------------------------------------------------------
   2-53  Name:  Ira Calkins                               x
   2-54  Representing:  Inner Gov. Research Assoc
   2-55  City:  Austin
   2-56  -------------------------------------------------------------------
   2-57                                                  FOR   AGAINST  ON
   2-58  ___________________________________________________________________
   2-59  Name:  John Boston                                       x
   2-60  Representing:  TX  Criminal Defense Lawyers
   2-61  City:  Austin
   2-62  -------------------------------------------------------------------
   2-63  Name:  Jon Schrag                                        x
   2-64  Representing:  Tx Campaign Against Death Pen
   2-65  City:  Austin
   2-66  -------------------------------------------------------------------