By:  Zedler, Menendez                                             H.B. No. 1714

Substitute the following for H.B. No. 1714:                                   

By:  Pena                                                     C.S.H.B. No. 1714



A BILL TO BE ENTITLED

AN ACT

relating to the offense of murder of a child.                                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 19, Penal Code, is amended by adding 
Section 19.021 to read as follows:
	Sec. 19.021.  MURDER OF A CHILD.  (a)  A person commits an 
offense if:
		(1)  he intentionally or knowingly commits or attempts 
to commit injury to a child as defined under Section 22.04(a)(1), 
(2), or (3);
		(2)  the individual injured is a child; and                            
		(3)  in the course of and in the furtherance of the 
commission or attempt or in immediate flight from the commission or 
attempt, he commits or attempts to commit an act that is clearly 
dangerous to human life that causes the death of a child.
	(b)  In this section, "child" means a person 14 years of age 
or younger.
	(c)  An offense under this section is a felony of the first 
degree.   
	(d)  If conduct constituting an offense under this section 
also constitutes an offense under another section of this code, the 
actor may be prosecuted under either section or under both 
sections.
	SECTION 2.  Section 4(d), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(d)  A defendant is not eligible for community supervision 
under this section if the defendant:
		(1)  is sentenced to a term of imprisonment that 
exceeds 10 years;          
		(2)  is sentenced to serve a term of confinement under 
Section 12.35, Penal Code;
		(3)  does not file a sworn motion under Subsection (e) 
of the this section or for whom the jury does not enter in the 
verdict a finding that the information contained in the motion is 
true; [or]
		(4)  is adjudged guilty of an offense for which 
punishment is increased under Section 481.134(c), (d), (e), or (f), 
Health and Safety Code, if it is shown that the defendant has been 
previously convicted of an offense for which the punishment was 
increased under any one of those subsections; or
		(5)  is adjudged guilty of an offense under Section 
19.021, Penal Code.
	SECTION 3.  Section 3g.(a), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(a)  The provisions of Section 3 of this article do not 
apply:               
		(1)  to a defendant adjudged guilty of an offense 
under:                    
			(A)  Section 19.02, Penal Code (Murder); and 
Section 19.021, Penal Code (Murder of a Child);
			(B)  Section 19.03, Penal Code (Capital murder);                             
			(C)  Section 21.11(a)(1), Penal Code (Indecency 
with a child);             
			(D)  Section 20.04, Penal Code (Aggravated 
kidnapping);                    
			(E)  Section 22.021, Penal Code (Aggravated 
sexual assault);               
			(F)  Section 29.03, Penal Code (Aggravated 
robbery);                       
			(G)  Chapter 481, Health and Safety Code, for 
which punishment is increased under:
				(i)  Section 481.140, Health and Safety 
Code; or                          
				(ii)  Section 481.134(c), (d), (e), or (f), 
Health and Safety Code, if it is shown that the defendant has been 
previously convicted of an offense for which punishment was 
increased under any of those subsections; or
			(H)  Section 22.011, Penal Code (Sexual assault); 
or                       
		(2)  to a defendant when it is shown that a deadly 
weapon as defined in Section 1.07, Penal Code, was used or exhibited 
during the commission of a felony offense or during immediate 
flight there from, and that the defendant used or exhibited the 
deadly weapon or was a party to the offense and knew that a deadly 
weapon would be used or exhibited. On an affirmative finding under 
this subdivision, the trial court shall enter the finding in the 
judgment of the court. On an affirmative finding that the deadly 
weapon was a firearm, the court shall enter that finding in its 
judgment.
	(b)  If there is an affirmative finding under Subsection 
(a)(2) in the trial of a felony of the second degree or higher that 
the deadly weapon used or exhibited was a firearm and the defendant 
is granted community supervision, the court may order the defendant 
confined in the institutional division of the Texas Department of 
Criminal Justice for not less than 60 and not more than 120 days. At 
any time after the defendant has served 60 days in the custody of 
the institutional division, the sentencing judge, on his own motion 
or on motion of the defendant, may order the defendant released to 
community supervision. The institutional division shall release 
the defendant to community supervision after he has served 120 
days.
	SECTION 4.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act. 
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. For the 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.
	SECTION 5.  This Act takes effect September 1, 2005.