SRC-JRN H.B. 806 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 806
By: Greenberg (Wentworth)
Criminal Justice
4-30-97
Engrossed


DIGEST 

Currently, Section 19.03, Penal Code, provides that a person commits
capital murder if the person murders a peace officer who is in the lawful
discharge of an official duty and who is known to the offender to be a
peace officer.  There may be concern regarding whether a person could be
charged with capital murder, if the person killed a peace officer who was
off duty and in uniform.  This bill amends Section 36.06, Penal Code, to
clarify language regarding the issue of whether a person intentionally
retaliates because of the type of service performed by another person. 

PURPOSE

As proposed, H.B. 806 amends Section 36.06, Penal Code, to clarify
language regarding the issue of whether a person intentionally retaliates
because of the type of service performed by another person. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 36.06(a), Penal Code, to provide that a person
commits an offense if the person intentionally or knowingly harms or
threatens to harm another by an unlawful act in retaliation for or on
account of the service or status of another person acting in a certain
capacity. Makes conforming changes. 

SECTION 2. Requires this Act to be cited as the "Douglas S. Goeble and Gil
Epstein Act." 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.