AEZ S.B. 78 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 78
By: Ellis (McClendon)
5-9-97
Committee Report (Unamended)



BACKGROUND 

Between January 1, 1995 and December 17, 1996, 318 places of worship in
America were victimized by arson.  Currently,  provisions under the law
that relate to intentional arson of a place of worship or injury or death
suffered as a result of arson are somewhat vague.  S.B. 78 sets forth
provisions regarding the punishment for intentional arson of a place of
worship or injury or death suffered as a result of arson. 

PURPOSE

As proposed, S.B. 78 establishes punishment for the offense of arson.

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 28.02(d), Penal Code, to provide that an offense
under this section is a second degree felony except that the offense is a
first degree felony if in the trial of the offense it is shown that bodily
injury or death was suffered by any person because of  the offense, or the
actor committing the offense knowing that the property intended to be
destroyed was a place of worship. Makes a conforming change. 

SECTION 2.  The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.