SRC-CTC S.B. 16 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 16
77R1530 GWK-FBy: Nelson
Criminal Justice
2/8/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Penal Code allows a defendant, in the punishment phase
of a murder trial, to attempt to prove that a murder was an act of
sudden-passion, and sets forth the definition of "adequate cause" for a
sudden-passion defense.  If proven, the penalty for the offense may be
lessened from a first degree felony to a second degree felony.  As
proposed,  S.B. 16 redefines "adequate cause" by deleting certain terms for
the purposes of a sudden passion defense in the punishment phase of a
murder trial, to draw a distinction between committing a crime out of anger
and committing it out of great fear for one's own safety. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 19.02(a)(1), Penal Code, to redefine "adequate
cause" by deleting the words anger, rage, or resentment. 

SECTION 2. Makes application of this act prospective.

SECTION 3. Effective date: September 1, 2001.