By Wilson                                               H.B. No. 65
       74R1870 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to capital murder by a peace officer, jailer, or guard of
    1-3  a person in custody.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 19.03(a), Penal Code, is amended to read
    1-6  as follows:
    1-7        (a)  A person commits an offense if he commits murder as
    1-8  defined under Section 19.02(b)(1) and:
    1-9              (1)  the person murders a peace officer or fireman who
   1-10  is acting in the lawful discharge of an official duty and who the
   1-11  person knows is a peace officer or fireman;
   1-12              (2)  the person intentionally commits the murder in the
   1-13  course of committing or attempting to commit kidnapping, burglary,
   1-14  robbery, aggravated sexual assault, arson, or obstruction or
   1-15  retaliation;
   1-16              (3)  the person commits the murder for remuneration or
   1-17  the promise of remuneration or employs another to commit the murder
   1-18  for remuneration or the promise of remuneration;
   1-19              (4)  the person commits the murder while escaping or
   1-20  attempting to escape from a penal institution;
   1-21              (5)  the person, while incarcerated in a penal
   1-22  institution, murders another:
   1-23                    (A)  who is employed in the operation of the
   1-24  penal institution; or
    2-1                    (B)  with the intent to establish, maintain, or
    2-2  participate in a combination or in the profits of a combination;
    2-3              (6)  the person:
    2-4                    (A)  while incarcerated for an offense under this
    2-5  section or Section 19.02, murders another; or
    2-6                    (B)  while serving a sentence of life
    2-7  imprisonment or a term of 99 years for an offense under Section
    2-8  20.04, 22.021, or 29.03, murders another;
    2-9              (7)  the person murders more than one person:
   2-10                    (A)  during the same criminal transaction; or
   2-11                    (B)  during different criminal transactions but
   2-12  the murders are committed pursuant to the same scheme or course of
   2-13  conduct; <or>
   2-14              (8)  the person murders an individual under six years
   2-15  of age; or
   2-16              (9)  the person:
   2-17                    (A)  is a jailer or guard employed at a municipal
   2-18  or county jail, by the institutional division or state jail
   2-19  division of the Texas Department of Criminal Justice, or by a
   2-20  correctional facility authorized by Subchapter F, Chapter 351,
   2-21  Local Government Code, or Chapter 495, Government Code, or is a
   2-22  peace officer; and
   2-23                    (B)  murders another who at the time of the
   2-24  offense is in the peace officer's, jailer's, or guard's custody.
   2-25        SECTION 2.  (a)  The change in law made by this Act applies
   2-26  only to an offense committed on or after the effective date of this
   2-27  Act.  For purposes of this section, an offense is committed before
    3-1  the effective date of this Act if any element of the offense occurs
    3-2  before the effective date.
    3-3        (b)  An offense committed before the effective date of this
    3-4  Act is covered by the law in effect when the offense was committed,
    3-5  and the former law is continued in effect for that purpose.
    3-6        SECTION 3.  This Act takes effect September 1, 1995.
    3-7        SECTION 4.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.