By Nixon H.B. No. 1667
74R6777 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to capital punishment for murders committed during the
1-3 commission of certain offenses under the Texas Controlled
1-4 Substances Act.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 19.03(a), Penal Code, is amended to read
1-7 as follows:
1-8 (a) A person commits an offense if he commits murder as
1-9 defined under Section 19.02(b)(1) and:
1-10 (1) the person murders a peace officer or fireman who
1-11 is acting in the lawful discharge of an official duty and who the
1-12 person knows is a peace officer or fireman;
1-13 (2) the person intentionally commits the murder in the
1-14 course of committing or attempting to commit:
1-15 (A) kidnapping, burglary, robbery, aggravated
1-16 sexual assault, arson, or obstruction or retaliation; or
1-17 (B) an offense under Section 481.112, 481.113,
1-18 481.114, 481.120, or 481.122, Health and Safety Code;
1-19 (3) the person commits the murder for remuneration or
1-20 the promise of remuneration or employs another to commit the murder
1-21 for remuneration or the promise of remuneration;
1-22 (4) the person commits the murder while escaping or
1-23 attempting to escape from a penal institution;
1-24 (5) the person, while incarcerated in a penal
2-1 institution, murders another:
2-2 (A) who is employed in the operation of the
2-3 penal institution; or
2-4 (B) with the intent to establish, maintain, or
2-5 participate in a combination or in the profits of a combination;
2-6 (6) the person:
2-7 (A) while incarcerated for an offense under this
2-8 section or Section 19.02, murders another; or
2-9 (B) while serving a sentence of life
2-10 imprisonment or a term of 99 years for an offense under Section
2-11 20.04, 22.021, or 29.03, murders another;
2-12 (7) the person murders more than one person:
2-13 (A) during the same criminal transaction; or
2-14 (B) during different criminal transactions but
2-15 the murders are committed pursuant to the same scheme or course of
2-16 conduct; or
2-17 (8) the person murders an individual under six years
2-18 of age.
2-19 SECTION 2. (a) The change in law made by this Act applies
2-20 only to an offense committed on or after the effective date of
2-21 this Act. For purposes of this section, an offense is committed
2-22 before the effective date of this Act if any element of the offense
2-23 occurs before the effective date.
2-24 (b) An offense committed before the effective date of this
2-25 Act is covered by the law in effect when the offense was committed,
2-26 and the former law is continued in effect for this purpose.
2-27 SECTION 3. This Act takes effect September 1, 1995.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.