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.