HBA-JLV H.B. 1734 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1734
By: Moreno, Joe E.
Criminal Jurisprudence
3/9/2001
Introduced



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
in which the offender has no intention of using any deadly weapon.   This
interpretation has resulted in equal treatment 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.  House Bill
1734 redefines "deadly weapon" to include 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. 

ANALYSIS

House Bill 1734 amends the Penal Code to include within the definition of
"deadly weapon"  anything that is used or intended to be used with the
intent to cause and is capable of causing death or serious bodily injury. 

EFFECTIVE DATE

September 1, 2001.