By Haggerty                                           H.B. No. 1571
         77R3910 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the murder of a commissioned security officer as a
 1-3     capital offense and to the punishments for the offenses of assault
 1-4     and aggravated assault committed against a commissioned security
 1-5     officer.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. Section 1.07, Penal Code, is amended by adding
 1-8     Subdivision (49) to read as follows:
 1-9                 (49)  "Commissioned security officer" has the meaning
1-10     assigned by Section 1702.002(5), Occupations Code.
1-11           SECTION 2. Section 19.03(a), Penal Code, is amended to read
1-12     as follows:
1-13           (a)  A person commits an offense if the person [he] commits
1-14     murder as defined under Section 19.02(b)(1) and:
1-15                 (1)  the person murders a peace officer or fireman who
1-16     is acting in the lawful discharge of an official duty and who the
1-17     person knows is a peace officer or fireman;
1-18                 (2)  the person intentionally commits the murder in the
1-19     course of committing or attempting to commit kidnapping, burglary,
1-20     robbery, aggravated sexual assault, arson, or obstruction or
1-21     retaliation;
1-22                 (3)  the person commits the murder for remuneration or
1-23     the promise of remuneration or employs another to commit the murder
1-24     for remuneration or the promise of remuneration;
 2-1                 (4)  the person commits the murder while escaping or
 2-2     attempting to escape from a penal institution;
 2-3                 (5)  the person, while incarcerated in a penal
 2-4     institution, murders another:
 2-5                       (A)  who is employed in the operation of the
 2-6     penal institution; or
 2-7                       (B)  with the intent to establish, maintain, or
 2-8     participate in a combination or in the profits of a combination;
 2-9                 (6)  the person:
2-10                       (A)  while incarcerated for an offense under this
2-11     section or Section 19.02, murders another; or
2-12                       (B)  while serving a sentence of life
2-13     imprisonment or a term of 99 years for an offense under Section
2-14     20.04, 22.021, or 29.03, murders 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; or
2-22                 (9)  the person murders a commissioned security officer
2-23     while the officer is performing a duty as a security officer and
2-24     is wearing a distinctive uniform.
2-25           SECTION 3. Section 22.01(b), Penal Code, is amended to read
2-26     as follows:
2-27           (b)  An offense under Subsection (a)(1) is a Class A
 3-1     misdemeanor, except that the offense is a felony of the third
 3-2     degree if the offense is committed against:
 3-3                 (1)  a person the actor knows is a public servant while
 3-4     the public servant is lawfully discharging an official duty, or in
 3-5     retaliation or on account of an exercise of official power or
 3-6     performance of an official duty as a public servant;  [or]
 3-7                 (2)  a member of the defendant's family or household,
 3-8     if it is shown on the trial of the offense that the defendant has
 3-9     been previously convicted of an offense against a member of the
3-10     defendant's family or household under this section; or
3-11                 (3)  a commissioned security officer while the officer
3-12     is performing a duty as a security officer and is wearing a
3-13     distinctive uniform.
3-14           SECTION 4. Section 22.02(b), Penal Code, is amended to read
3-15     as follows:
3-16           (b)  An offense under this section is a felony of the second
3-17     degree, except that the offense is a felony of the first degree if
3-18     the offense is committed:
3-19                 (1)  by a public servant acting under color of the
3-20     servant's office or employment;
3-21                 (2)  against a person the actor knows is a public
3-22     servant while the public servant is lawfully discharging an
3-23     official duty, or in retaliation or on account of an exercise of
3-24     official power or performance of an official duty as a public
3-25     servant;  [or]
3-26                 (3)  in retaliation against or on account of the
3-27     service of another as a witness, prospective witness, informant, or
 4-1     person who has reported the occurrence of a crime; or
 4-2                 (4)  against a commissioned security officer while the
 4-3     officer is performing a duty as a security officer and is wearing a
 4-4     distinctive uniform.
 4-5           SECTION 5. This Act takes effect September 1, 2001, and
 4-6     applies only to an offense committed on or after that date.  An
 4-7     offense committed before the effective date of this Act is covered
 4-8     by the law in effect when the offense was committed, and the former
 4-9     law is continued in effect for that purpose.  For purposes of this
4-10     section, an offense was committed before the effective date of this
4-11     Act if any element of the offense occurred before that date.