BILL ANALYSIS

 

 

S.B. 377

By: Huffman

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

S.B. 377 amends Section 19.03(a)(8), Penal Code, in order to alter the threshold age for a charge of capital murder of a child from age six to age 10.

 

Of the states that have an age-based trigger for a charge of capital murder, Texas has the youngest at age six.  Most states classify capital murder of a child as the murder of a person under the age of 12.  Wyoming even proceeds as high as the age of 17.  New Hampshire has a more nebulous concept based on whether the victim's youth makes the victim particularly vulnerable.

 

S.B. 377 will raise the threshold age of the victim for a capital murder charge from age six to age 10 to bring Texas closer in line with other states that have an age-based trigger for capital murder charges.

 

As proposed, S.B. 377 amends current law relating to the murder of a child as a capital offense.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

ANALYSIS

 

SECTION 1.  Amends Section 19.03(a), Penal Code, as follows:

 

(a) Provides that a person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

 

(1)-(7) Makes no changes to these subdivisions;

 

(8) the person murders an individual under 10, rather than six, years of age;

 

(9) Makes no changes to this subdivision.

 

SECTION 2.  Makes application of this Act prospective.

 

EFFECTIVE DATE

 

September 1, 2011.