BILL ANALYSIS

 

 

Senate Research Center	S.B. 386
88R6143 MZM-D	By: Hall
	Criminal Justice
	3/24/2023
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

On December 3, 2021, Officer Richard Houston of the Mesquite Police Department was fatally wounded in the line of duty while responding to a disturbance in the 1500 block of S. Belt Line Road in the City of Mesquite. During the course of the investigation, Officer Houston was shot multiple times. He was transported to Baylor Hospital and was pronounced deceased. During the subsequent trial the defense claimed that the defendant did not know that Officer Houston was indeed a police officer, despite Officer Houston's uniform and vehicle lights being on. Under Section 19.03 of the Penal Code, there exists no presumption of knowledge in murder cases that the defendant knew the victim was either a police officer or fireman by their uniform. Presumption of knowledge under Section 22.02(c) does exist when a police or fire officer is attacked, but not when they are killed in the line of duty. This absence of statute presents a possible barrier to capital murder cases in instances where an officer of the law or fireman is murdered. Thus, in order to ensure that justice is achieved in such heinous cases, this gap in the law must be closed.

 

S.B. 386

� Amends Section 19.03 of the Penal Code to state that the actor is presumed to have known the person murdered was a peace officer or fireman if the person was wearing a distinctive uniform or badge indicating the person's employment as a peace officer or fireman, or if the person made an identification as a peace officer or fireman to the actor.

 

Talking Points:

� This change will provide police and fire officers who are murdered in the line of duty a common-sense presumption that the offender knew the victim was a police or fire officer when the officer is wearing a distinctive uniform or badge.

� This is in line with existing statute that creates a presumption of knowledge in instances when a police or fire officer is attacked.

� This change will protect first responders who are easy targets for retaliation or execution because of the obvious uniforms we require them to wear.

 

As proposed, S.B. 386 amends current law relating to the prosecution of a capital murder committed against a peace officer or fireman.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Provides that this Act may be cited as the Richard Houston II Act.

 

SECTION 2. Amends Section 19.03, Penal Code, by adding Subsection (d), as follows:

 

(d) Provides that for the purposes of Subsection (a)(1) (relating to the offense of knowingly murdering a peace officer or fireman who is acting in the lawful discharge of an official duty), the actor is presumed to have known the person murdered was a peace officer or fireman if the person:

 

(1) was wearing a distinctive uniform or badge indicating the person's employment as a peace officer or fireman; or

 

(2) made an identification as a peace officer or fireman to the actor.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: September 1, 2023.