BILL ANALYSIS



C.S.H.B. 182
By: Turner, Bob
4-27-95
Committee Report (Substituted)


BACKGROUND

Currently, the murder of on-duty emergency personnel is not
considered a capital offense in the Texas Penal Code.  These
professionals are subjected to significant danger and risks as they
perform their daily duties.  As our state and nation grows more
violent each day, these dangerous situations have become more
frequent and more deadly.

PURPOSE

If enacted, C.S.H.B. 182 would include certain emergency medical
personnel in the capital murder statute.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 19.03(a), Penal Code (CAPITAL MURDER),
as follows:

     (1) Expands definition of murder under Section 19.02(b)(1) to
     include emergency care attendants and emergency medical
     technicians under Chapter 773, Health and Safety Code.

SECTION 2.

     (a) Change in law made by this Act applies only to an offense
     committed on or after the effective date of this Act.

     (b) Makes effect of this Act prospective.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The caption of the substitute is changed from the original by
deleting the provision that includes fire department and law
enforcement chaplains from the capital murder statute.

SECTION 1 of the substitute deletes the provision that includes
fire department and law enforcement chaplains from the capital
murder statute.

SUMMARY OF COMMITTEE ACTION

HB 182 was considered by the full committee in a public hearing on
April 3, 1995.  The following persons testified in favor of the
bill:

     Dave Fair, representing the Brownwood Police and Fire Chaplain
     Divisions, City of Brownwood;
     David M. Stone, representing the Texas Association of EMT's,
     and the City of Austin, EMS; 
     Joe Robbins, representing himself;
     Gregg Hooser, representing the Texas College of Emergency
     Physicians; and
     Robert Followwell, represent the Fire and Police Chaplains,
     City of Brownwood.

The following persons testified against the bill:

     Betty Blackwell, representing TCDLA; and
     Keith Hampton, representing TCDLA.

The bill was left pending.

HB 182 was considered by the full committee in a formal meeting on
April 27, 1995.  The committee considered a complete committee
substitute.  The substitute was adopted without objection.  HB 182
was reported favorably as substituted, with the recommendation that
it do pass and be printed, by a record vote of 6 ayes, 1 nay, 0
pnv, and 2 absent.