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.