By:  Wentworth                                        S.B. No. 1380
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the punishment of an offense of murder during the
    1-2  commission or attempted commission of certain offenses under the
    1-3  Texas Controlled Substances Act as a capital offense.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (a), Section 19.03, Penal Code, is
    1-6  amended to read 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  first 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, or an offense under Section 481.112, 481.113, 481.114,
   1-16  481.120, or 481.122 of the Texas Controlled Substances Act (Chapter
   1-17  481, Health and Safety Code);
   1-18              (3)  the person commits the murder for remuneration or
   1-19  the promise of remuneration or employs another to commit the murder
   1-20  for remuneration or the promise of remuneration;
   1-21              (4)  the person commits the murder while escaping or
   1-22  attempting to escape from a penal institution;
   1-23              (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 changes in law made by this Act apply
   2-20  only to the punishment for an offense committed on or after the
   2-21  effective date of this Act.  For the purposes of this Act, an
   2-22  offense is committed or a violation occurs before the effective
   2-23  date of this Act if any element of the offense or violation occurs
   2-24  before that date.
   2-25        (b)  An offense committed before the effective date of this
    3-1  Act is covered by the law in effect when the offense was committed,
    3-2  and the former law is continued in effect for this purpose.
    3-3        SECTION 3.  This Act takes effect September 1, 1995.
    3-4        SECTION 4.  SEVERABILITY.  If any section, sentence, clause,
    3-5  or part of this Act shall, for any reason, be held invalid, such
    3-6  invalidity shall not affect the remaining portions of the Act, and
    3-7  it is hereby declared to be the intention of this legislature to
    3-8  have passed each section, sentence, clause, or part irrespective of
    3-9  the fact that any other section, sentence, clause, or part may be
   3-10  declared invalid.
   3-11        SECTION 5.  EMERGENCY.  The importance of this legislation
   3-12  and the crowded condition of the calendars in both houses create an
   3-13  emergency and an imperative public necessity that the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended.