HBA-NMO H.B. 796 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 796 By: Allen Criminal Jurisprudence 2/26/1999 Introduced BACKGROUND AND PURPOSE Current law classifies certain types of murder as capital murder. H.B. 796 expands the class of capital murders to include murder by an individual completing a parole period or mandatory supervision period after serving a sentence for certain violent, sex, or drug crimes; murder by an individual restrained by an order of protection if the victim is the person protected by the order; and murder of a person on the premises of, at an activity sponsored by, or on a passenger transportation vehicle of a school or educational institution. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 19.03(a), Penal Code, to provide that a person commits a capital murder if the person intentionally or knowingly causes the death of an individual while completing a parole period or mandatory supervision period after: _serving a sentence for an offense listed under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, which includes murder; capital murder; indecency with a child; aggravated kidnapping; aggravated sexual assault; aggravated robbery; manufacture or delivery of a controlled substance on or near the property of a school, or on a school bus; or sexual assault; or _serving a sentence the judgment for which contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure, that the defendant used or exhibited a deadly weapon, as defined by Section 1.07, Penal Code, during the commission of a felony offense or during the immediate flight therefrom. Provides that a person commits a capital murder if the person intentionally or knowingly causes the death of an individual who is protected by an order issued under Section 6.504 or Chapter 85, Family Code (Protective Orders and Issuance of Protective Orders, respectively), Article 17.292, Code of Criminal Procedure (Magistrate's Order for Emergency Protection), or Chapter 88, Family Code (Protective Order from Another Jurisdiction), while the order is directed to the person who committed the murder. Provides that a person commits a capital murder if the person intentionally or knowingly causes the death of an individual on the premises of, any grounds on which an activity sponsored by, or a passenger transportation vehicle of a public or private school or educational institution. Makes conforming and nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.