78R1493 GWK-D

By:  Armbrister                                                   S.B. No. 320



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of a capital murder involving the death 
of a peace officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 2, Code of Criminal Procedure, is 
amended by adding Article 2.011 to read as follows:
	Art. 2.011.  DUTY IN CERTAIN CAPITAL CASES.  If a defendant 
is charged with an offense under Section 19.03(a)(1), Penal Code, 
and the victim of the alleged offense is a peace officer, the 
attorney representing the state shall seek the imposition of the 
death penalty on conviction of the defendant.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to the prosecution of 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)  The prosecution of 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 3.  This Act takes effect September 1, 2003.