BILL ANALYSIS
By: Whitmire
BACKGROUND AND PURPOSE
Under current law, a person commits a capital offense if that 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. The murder of a judge in retaliation for or on account of the service or status as judge is not currently a capital offense. Given the recent acts of violence toward judges in retaliation for their service, Senate Bill 1791 makes it a capital offense to murder a judge.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
Senate Bill 1791 amends the Penal Code to provide that a person commits capital murder if the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.
EFFECTIVE DATE
September 1, 2005.