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
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