1-1 By: Turner S.B. No. 818
1-2 (In the Senate - Filed March 10, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 6, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 6, 1993,
1-6 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 COMMITTEE SUBSTITUTE FOR S.B. No. 818 By: Turner
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the punishment as a capital offense of certain murders
1-20 committed by individuals incarcerated in penal institutions.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 19.03, Penal Code, is amended by amending
1-23 Subsection (a) and by adding Subsection (d) to read as follows:
1-24 (a) A person commits an offense if he commits murder as
1-25 defined under Section 19.02(a)(1) of this code and:
1-26 (1) the person murders a peace officer or fireman who
1-27 is acting in the lawful discharge of an official duty and who the
1-28 person knows is a peace officer or fireman;
1-29 (2) the person intentionally commits the murder in the
1-30 course of committing or attempting to commit kidnapping, burglary,
1-31 robbery, aggravated sexual assault, or arson;
1-32 (3) the person commits the murder for remuneration or
1-33 the promise of remuneration or employs another to commit the murder
1-34 for remuneration or the promise of remuneration;
1-35 (4) the person commits the murder while escaping or
1-36 attempting to escape from a penal institution;
1-37 (5) the person, while incarcerated in a penal
1-38 institution, murders another:
1-39 (A) who is employed in the operation of the
1-40 penal institution; or
1-41 (B) with the intent to establish, maintain, or
1-42 participate in a combination or in the profits of a combination;
1-43 (6) the person, while serving a sentence of life
1-44 imprisonment or a term of 99 years for the commission of any
1-45 offense listed in Section 3g(a)(1), Article 42.12, Code of Criminal
1-46 Procedure, murders another; or
1-47 (7) the person murders more than one person:
1-48 (A) during the same criminal transaction; or
1-49 (B) during different criminal transactions but
1-50 the murders are committed pursuant to the same scheme or course of
1-51 conduct.
1-52 (d) In this section, "combination" and "profits" have the
1-53 meanings assigned by Section 71.01 of this code.
1-54 SECTION 2. (a) The change in law made by this Act applies
1-55 only to a defendant convicted of an offense committed on or after
1-56 the effective date of this Act. For purposes of this section, an
1-57 offense is committed before the effective date of this Act if any
1-58 element of the offense occurs before the effective date.
1-59 (b) A defendant convicted of an offense committed before the
1-60 effective date of this Act is covered by the law in effect when the
1-61 offense was committed, and the former law is continued in effect
1-62 for that purpose.
1-63 SECTION 3. This Act takes effect September 1, 1993.
1-64 SECTION 4. The importance of this legislation and the
1-65 crowded condition of the calendars in both houses create an
1-66 emergency and an imperative public necessity that the
1-67 constitutional rule requiring bills to be read on three several
1-68 days in each house be suspended, and this rule is hereby suspended.
2-1 * * * * *
2-2 Austin,
2-3 Texas
2-4 April 6, 1993
2-5 Hon. Bob Bullock
2-6 President of the Senate
2-7 Sir:
2-8 We, your Committee on Criminal Justice to which was referred S.B.
2-9 No. 818, have had the same under consideration, and I am instructed
2-10 to report it back to the Senate with the recommendation that it do
2-11 not pass, but that the Committee Substitute adopted in lieu thereof
2-12 do pass and be printed.
2-13 Whitmire,
2-14 Chairman
2-15 * * * * *
2-16 WITNESSES
2-17 FOR AGAINST ON
2-18 ___________________________________________________________________
2-19 Name: Herbert Hancock x
2-20 Representing: Prison Prosecution
2-21 City: Austin
2-22 -------------------------------------------------------------------
2-23 Name: Chris Elliott x
2-24 Representing: Tx Crim Defense Lawyers Assoc
2-25 City: Austin
2-26 -------------------------------------------------------------------
2-27 Name: Shelia Enid Cheaney x
2-28 Representing: ACLU of Texas
2-29 City: Austin
2-30 -------------------------------------------------------------------
2-31 Name: John Boston x
2-32 Representing: TCDLA
2-33 City: Austin
2-34 -------------------------------------------------------------------
2-35 Name: Rob Kepple x
2-36 Representing: TDCAA
2-37 City: Austin
2-38 -------------------------------------------------------------------
2-39 Name: Carl Siegenthaler x
2-40 Representing: Tx Conference of Churches
2-41 City: Austin
2-42 -------------------------------------------------------------------