BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1791

                                                                                                                                      By: Whitmire

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

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.