HBA-GUM C.S.H.B. 2984 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2984
By: Moreno, Joe
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law defines a deadly weapon as a firearm or anything manifestly
designed, made, or adapted for the purpose of inflicting death or serious
bodily injury, or anything that in the manner of its use or intended use is
capable of causing death or serious bodily injury.  Texas courts have
interpreted this definition of a deadly weapon as being applicable to cases
where the offender has no intention of using any deadly weapon.  This
interpretation has resulted in treating equally for punishment purposes
those who use a car with the intent of running down a person and those who
drive a car while intoxicated, but who have no such intent.  C.S.H.B. 2924
defines "deadly weapon" as anything that is used or intended to be used
with the intent to cause, and is capable of causing, death, or serious
bodily injury. 

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 1.07(17), Penal Code, to redefine "deadly
weapon" as anything that is used, or intended to be used with the intent to
cause, and is capable of causing death or serious bodily injury, rather
than  anything that in the manner of its use or intended use is capable of
causing death or serious bodily injury. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies SECTION 1 (Section 1.07(17), Penal Code) of the
original by adding language to define "deadly weapon" as anything that is
intended to be used with the intent to cause death or serious bodily
injury.  The substitute reinstates existing text defining "deadly weapon"
as anything that is capable of causing death or serious bodily injury,
which was deleted in the original.