SRC-TJG S.B. 320 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 320
78R1493 GWK-DBy: Armbrister
Criminal Justice
2/17/2003
As Filed


DIGEST AND PURPOSE 

Currently, the duties of a prosecutor, as set forth in Chapter 2, Code of
Criminal Procedure, do not require a prosecutor to seek specific
sentencing relating to certain offenses.  As proposed, S.B. 320 would make
it mandatory for the prosecutor to seek the imposition of the death
penalty, upon conviction, if the victim of the alleged offense is a peace
officer. 

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 Chapter 2, Code of Criminal Procedure, by adding
Article 2.011, as follows: 

Art. 2.011.  DUTY IN CERTAIN CAPITAL CASES.  Requires the attorney
representing the state to seek the imposition of the death penalty on
conviction of a defendant, if the defendant is charged with an offense
under Section 19.03(a)(1), Penal Code (Capital Murder of a Peace Officer
or Fireman), and the victim of the alleged offense is a peace officer. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2003.