By Naishtat                                            H.B. No. 222
         76R1355 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the murder of a juvenile probation officer, community
 1-3     supervision and corrections department officer, or parole officer
 1-4     as a capital offense.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 19.03, Penal Code, is amended by amending
 1-7     Subsection (a)  and adding Subsection (d) to read as follows:
 1-8           (a)  A person commits an offense if he commits murder as
 1-9     defined under Section 19.02(b)(1) and:
1-10                 (1)  the person murders an [a peace] officer or fireman
1-11     listed in Subsection (d) who is acting in the lawful discharge of
1-12     an official duty and who the person knows is such an [a peace]
1-13     officer or fireman;
1-14                 (2)  the person intentionally commits the murder in the
1-15     course of committing or attempting to commit kidnapping, burglary,
1-16     robbery, aggravated sexual assault, arson, or obstruction or
1-17     retaliation;
1-18                 (3)  the person commits the murder for remuneration or
1-19     the promise of remuneration or employs another to commit the murder
1-20     for remuneration or the promise of remuneration;
1-21                 (4)  the person commits the murder while escaping or
1-22     attempting to escape from a penal institution;
1-23                 (5)  the person, while incarcerated in a penal
1-24     institution, murders another:
 2-1                       (A)  who is employed in the operation of the
 2-2     penal institution; or
 2-3                       (B)  with the intent to establish, maintain, or
 2-4     participate in a combination or in the profits of a combination;
 2-5                 (6)  the person:
 2-6                       (A)  while incarcerated for an offense under this
 2-7     section or Section 19.02, murders another; or
 2-8                       (B)  while serving a sentence of life
 2-9     imprisonment or a term of 99 years for an offense under Section
2-10     20.04, 22.021, or 29.03, murders another;
2-11                 (7)  the person murders more than one person:
2-12                       (A)  during the same criminal transaction; or
2-13                       (B)  during different criminal transactions but
2-14     the murders are committed pursuant to the same scheme or course of
2-15     conduct; or
2-16                 (8)  the person murders an individual under six years
2-17     of age.
2-18           (d)  Subsection (a)(1) applies for an individual who is a:
2-19                 (1)  peace officer;
2-20                 (2)  fireman;
2-21                 (3)  juvenile probation officer;
2-22                 (4)  community supervision and corrections department
2-23     officer appointed or employed under Section 76.004, Government
2-24     Code; or
2-25                 (5)  parole officer.
2-26            SECTION 2.  The change in law made by this Act applies only
2-27     to an offense committed on or after the effective date of this Act.
 3-1     An offense committed before the effective date of this Act is
 3-2     covered by the law in effect when the offense was committed, and
 3-3     the former law is continued in effect for that purpose.  For
 3-4     purposes of this section, an offense was committed before the
 3-5     effective date of this Act if any element of the offense occurred
 3-6     before that date.
 3-7           SECTION 3.  This Act takes effect September 1, 1999.
 3-8           SECTION 4.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended.