78R1630 GWK-F


By:  Keel, Gallego, Jones of Bexar, Berman,                       H.B. No. 11 
 
    Chavez, et al.                                                           



A BILL TO BE ENTITLED

AN ACT

relating to the offense of terroristic threat and to the punishment 
as a capital offense of murder occurring during the commission or 
attempted commission of terroristic threat.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 19.03(a), Penal Code, is amended to read 
as follows:     
	(a)  A person commits an offense if the person [he] commits 
murder as defined under Section 19.02(b)(1) and:
		(1)  the person murders a peace officer or fireman who 
is acting in the lawful discharge of an official duty and who the 
person knows is a peace officer or fireman;
		(2)  the person intentionally commits the murder in the 
course of committing or attempting to commit kidnapping, burglary, 
robbery, aggravated sexual assault, arson, [or] obstruction or 
retaliation, or terroristic threat under Section 22.07(a)(1), (3), 
(4), (5), or (6);
		(3)  the person commits the murder for remuneration or 
the promise of remuneration or employs another to commit the murder 
for remuneration or the promise of remuneration;
		(4)  the person commits the murder while escaping or 
attempting to escape from a penal institution;
		(5)  the person, while incarcerated in a penal 
institution, murders another:
			(A)  who is employed in the operation of the penal 
institution; or         
			(B)  with the intent to establish, maintain, or 
participate in a combination or in the profits of a combination;
		(6)  the person:                                                              
			(A)  while incarcerated for an offense under this 
section or Section 19.02, murders another; or
			(B)  while serving a sentence of life imprisonment 
or a term of 99 years for an offense under Section 20.04, 22.021, or 
29.03, murders another;
		(7)  the person murders more than one person:                                 
			(A)  during the same criminal transaction; or                                
			(B)  during different criminal transactions but 
the murders are committed pursuant to the same scheme or course of 
conduct; or
		(8)  the person murders an individual under six years 
of age.               
	SECTION 2.  Section 22.07, Penal Code, is amended to read as 
follows:        
	Sec. 22.07.  TERRORISTIC THREAT.  (a)  A person commits an 
offense if he threatens to commit any offense involving violence to 
any person or property with intent to:
		(1)  cause a reaction of any type to his threat by an 
official or volunteer agency organized to deal with emergencies;
		(2)  place any person in fear of imminent serious 
bodily injury; [or]
		(3)  prevent or interrupt the occupation or use of a 
building; room; place of assembly; place to which the public has 
access; place of employment or occupation; aircraft, automobile, or 
other form of conveyance; or other public place; [or]
		(4)  cause impairment or interruption of public 
communications, public transportation, public water, gas, or power 
supply or other public service;
		(5)  place the public in fear of serious bodily injury; 
or           
		(6)  influence the conduct or activities of a branch or 
agency of the federal government, the state, or a political 
subdivision of the state.
	(b)  An offense under Subdivision (1) or (2) of Subsection 
(a) is a Class B misdemeanor.  An offense under Subdivision (3) of 
Subsection (a) is a Class A misdemeanor.  An offense under 
Subdivision (4) of Subsection (a) is a felony of the third degree.  
An offense under Subdivision (5) or (6) of Subsection (a) is a 
felony of the second degree.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.