Texas 2013 - 83rd Regular

Texas House Bill HB1845 Compare Versions

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11 83R21293 AJZ-D
22 By: Gooden, Pitts, Bell, Lucio III H.B. No. 1845
33 Substitute the following for H.B. No. 1845:
44 By: Herrero C.S.H.B. No. 1845
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to capital murder of a prosecuting attorney or an
1010 assistant prosecuting attorney.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 19.03(a), Penal Code, is amended to read
1313 as follows:
1414 (a) A person commits an offense if the person commits murder
1515 as defined under Section 19.02(b)(1) and:
1616 (1) the person murders a peace officer or fireman who
1717 is acting in the lawful discharge of an official duty and who the
1818 person knows is a peace officer or fireman;
1919 (2) the person intentionally commits the murder in the
2020 course of committing or attempting to commit kidnapping, burglary,
2121 robbery, aggravated sexual assault, arson, obstruction or
2222 retaliation, or terroristic threat under Section 22.07(a)(1), (3),
2323 (4), (5), or (6);
2424 (3) the person commits the murder for remuneration or
2525 the promise of remuneration or employs another to commit the murder
2626 for remuneration or the promise of remuneration;
2727 (4) the person commits the murder while escaping or
2828 attempting to escape from a penal institution;
2929 (5) the person, while incarcerated in a penal
3030 institution, murders another:
3131 (A) who is employed in the operation of the penal
3232 institution; or
3333 (B) with the intent to establish, maintain, or
3434 participate in a combination or in the profits of a combination;
3535 (6) the person:
3636 (A) while incarcerated for an offense under this
3737 section or Section 19.02, murders another; or
3838 (B) while serving a sentence of life imprisonment
3939 or a term of 99 years for an offense under Section 20.04, 22.021, or
4040 29.03, murders another;
4141 (7) the person murders more than one person:
4242 (A) during the same criminal transaction; or
4343 (B) during different criminal transactions but
4444 the murders are committed pursuant to the same scheme or course of
4545 conduct;
4646 (8) the person murders an individual under 10 years of
4747 age; [or]
4848 (9) the person murders another person in retaliation
4949 for or on account of the service or status of the other person as a
5050 judge or justice of the supreme court, the court of criminal
5151 appeals, a court of appeals, a district court, a criminal district
5252 court, a constitutional county court, a statutory county court, a
5353 justice court, or a municipal court; or
5454 (10) the person murders another person in retaliation
5555 for or on account of the service or status of the other person as a
5656 prosecuting attorney, as defined by Section 41.101, Government
5757 Code, or an assistant prosecuting attorney, as described by
5858 Subchapter B, Chapter 41, Government Code.
5959 SECTION 2. The change in law made by this Act applies only
6060 to an offense committed on or after the effective date of this Act.
6161 An offense committed before the effective date of this Act is
6262 governed by the law in effect on the date the offense was committed,
6363 and the former law is continued in effect for that purpose. For
6464 purposes of this section, an offense was committed before the
6565 effective date of this Act if any element of the offense occurred
6666 before that date.
6767 SECTION 3. This Act takes effect September 1, 2013.