AEZ C.S.H.B. 806 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 806 By: Greenberg 2-26-97 Committee Report (Substituted) BACKGROUND Currently, Section 19.03, Penal Code Capital Murder provides that a person commits capital murder if they murder 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. However, there is some question as to whether a person could be charged with capital murder if they killed a peace officer who was off duty and in uniform. PURPOSE CSHB 806, as proposed, would amend Section 36.06 Penal Code Obstruction or Retaliation by clarifying when a person intentionally retaliates because of the type of service of another. 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 36.06 Penal Code, by separating the subsections for further clarification of when an offense is knowingly harmful or threatening to another in retaliation for the service of that person. SECTION 2. Effective Date: September 1, 1997 SECTION 3. Emergency Clause COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill would have amended Section 19.03(a) of the Penal Code to provide that a person commits capital murder if they murder a peace officer "who is acting in the lawful discharge of an official duty, regardless of whether the peace officer is on duty at the time of the commission of the offense..." The substitute amends Section 36.06(a) of the Penal Code by clarifying when a person commits an offense if it is in retaliation for or on account of the service of another person.