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
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   2-23  Name:  Chris Elliott                                     x
   2-24  Representing:  Tx Crim Defense Lawyers Assoc
   2-25  City:  Austin
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   2-27  Name:  Shelia Enid Cheaney                               x
   2-28  Representing:  ACLU of Texas
   2-29  City:  Austin
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   2-31  Name:  John Boston                                       x
   2-32  Representing:  TCDLA
   2-33  City:  Austin
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   2-35  Name:  Rob Kepple                                              x
   2-36  Representing:  TDCAA
   2-37  City:  Austin
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   2-39  Name:  Carl Siegenthaler                                 x
   2-40  Representing:  Tx Conference of Churches
   2-41  City:  Austin
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