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 -------------------------------------------------------------------