By Allen                                               H.B. No. 796
         76R4403 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the circumstances in which the murder of an individual
 1-3     is punishable as a capital offense.
 1-5           SECTION 1.  Section 19.03(a), Penal Code, is amended to read
 1-6     as follows:
 1-7           (a)  A person commits an offense if the person [he] commits
 1-8     murder as defined under Section 19.02(b)(1) and:
 1-9                 (1)  the person murders a peace officer or fireman who
1-10     is acting in the lawful discharge of an official duty and who the
1-11     person knows is a peace officer or fireman;
1-12                 (2)  the person intentionally commits the murder in the
1-13     course of committing or attempting to commit kidnapping, burglary,
1-14     robbery, aggravated sexual assault, arson, or obstruction or
1-15     retaliation;
1-16                 (3)  the person commits the murder for remuneration or
1-17     the promise of remuneration or employs another to commit the murder
1-18     for remuneration or the promise of remuneration;
1-19                 (4)  the person commits the murder while escaping or
1-20     attempting to escape from a penal institution;
1-21                 (5)  the person, while incarcerated in a penal
1-22     institution, murders another:
1-23                       (A)  who is employed in the operation of the
1-24     penal institution; or
 2-1                       (B)  with the intent to establish, maintain, or
 2-2     participate in a combination or in the profits of a combination;
 2-3                 (6)  the person:
 2-4                       (A)  while incarcerated for an offense under this
 2-5     section or Section 19.02, murders another; [or]
 2-6                       (B)  while serving a sentence of life
 2-7     imprisonment or a term of 99 years for an offense under Section
 2-8     20.04, 22.021, or 29.03, murders another; or
 2-9                       (C)  while completing a parole period or
2-10     mandatory supervision period after serving a sentence for an
2-11     offense listed in Section 3g(a)(1), Article 42.12, Code of Criminal
2-12     Procedure, or a sentence the judgment for which contains an
2-13     affirmative finding under Section 3g(a)(2) of that article, murders
2-14     another;
2-15                 (7)  the person murders more than one person:
2-16                       (A)  during the same criminal transaction; or
2-17                       (B)  during different criminal transactions but
2-18     the murders are committed pursuant to the same scheme or course of
2-19     conduct; [or]
2-20                 (8)  the person murders an individual under six years
2-21     of age;
2-22                 (9)  the person murders an individual who is protected
2-23     by an order issued under Section 6.504 or Chapter 85, Family Code,
2-24     under Article 17.292, Code of Criminal Procedure, or by another
2-25     jurisdiction as provided by Chapter 88, Family Code, while the
2-26     order is directed to the person; or
2-27                 (10)  the person murders an individual on the physical
 3-1     premises of a school or educational institution, any grounds on
 3-2     which or building in which an activity sponsored by a school or
 3-3     educational institution is being conducted, or a passenger
 3-4     transportation vehicle of a school or educational institution,
 3-5     regardless of whether the school or educational institution is
 3-6     public or private.
 3-7           SECTION 2.  The change in law made by this Act applies only
 3-8     to an offense committed on or after the effective date of this Act.
 3-9     An offense committed before the effective date of this Act is
3-10     covered by the law in effect when the offense was committed, and
3-11     the former law is continued in effect for that purpose.  For
3-12     purposes of this section, an offense was committed before the
3-13     effective date of this Act if any element of the offense occurred
3-14     before that date.
3-15           SECTION 3.  This Act takes effect September 1, 1999.
3-16           SECTION 4.  The importance of this legislation and the
3-17     crowded condition of the calendars in both houses create an
3-18     emergency and an imperative public necessity that the
3-19     constitutional rule requiring bills to be read on three several
3-20     days in each house be suspended, and this rule is hereby suspended.