12 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 9 | | SECTION 1. This Act shall be known as Lauren's Law. |
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14 | 10 | | SECTION 2. Section 19.03(a), Penal Code, is amended to read |
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15 | 11 | | as follows: |
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16 | 12 | | (a) A person commits an offense if the person commits murder |
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17 | 13 | | as defined under Section 19.02(b)(1) and: |
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18 | 14 | | (1) the person murders a peace officer or fireman who |
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19 | 15 | | is acting in the lawful discharge of an official duty and who the |
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20 | 16 | | person knows is a peace officer or fireman; |
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21 | 17 | | (2) the person intentionally commits the murder in the |
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22 | 18 | | course of committing or attempting to commit kidnapping, burglary, |
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23 | 19 | | robbery, aggravated sexual assault, arson, obstruction or |
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24 | 20 | | retaliation, or terroristic threat under Section 22.07(a)(1), (3), |
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25 | 21 | | (4), (5), or (6); |
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26 | 22 | | (3) the person commits the murder for remuneration or |
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27 | 23 | | the promise of remuneration or employs another to commit the murder |
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28 | 24 | | for remuneration or the promise of remuneration; |
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29 | 25 | | (4) the person commits the murder while escaping or |
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30 | 26 | | attempting to escape from a penal institution; |
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31 | 27 | | (5) the person, while incarcerated in a penal |
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32 | 28 | | institution, murders another: |
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33 | 29 | | (A) who is employed in the operation of the penal |
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34 | 30 | | institution; or |
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35 | 31 | | (B) with the intent to establish, maintain, or |
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36 | 32 | | participate in a combination or in the profits of a combination; |
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37 | 33 | | (6) the person: |
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38 | 34 | | (A) while incarcerated for an offense under this |
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39 | 35 | | section or Section 19.02, murders another; or |
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40 | 36 | | (B) while serving a sentence of life imprisonment |
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41 | 37 | | or a term of 99 years for an offense under Section 20.04, 22.021, or |
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42 | 38 | | 29.03, murders another; |
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43 | 39 | | (7) the person murders more than one person: |
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44 | 40 | | (A) during the same criminal transaction; or |
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45 | 41 | | (B) during different criminal transactions but |
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46 | 42 | | the murders are committed pursuant to the same scheme or course of |
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47 | 43 | | conduct; |
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53 | 47 | | for or on account of the service or status of the other person as a |
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54 | 48 | | judge or justice of the supreme court, the court of criminal |
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55 | 49 | | appeals, a court of appeals, a district court, a criminal district |
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56 | 50 | | court, a constitutional county court, a statutory county court, a |
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57 | 51 | | justice court, or a municipal court. |
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58 | | - | SECTION 3. Section 1, Article 37.071, Code of Criminal |
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59 | | - | Procedure, is amended to read as follows: |
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60 | | - | Sec. 1. (a) If a defendant is found guilty in a capital |
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61 | | - | felony case in which the state does not seek the death penalty, the |
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62 | | - | judge shall sentence the defendant to life imprisonment or to life |
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63 | | - | imprisonment without parole as required by Section 12.31, Penal |
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64 | | - | Code. |
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65 | | - | (b) A defendant who is found guilty of an offense under |
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66 | | - | Section 19.03(a)(9), Penal Code, may not be sentenced to death, and |
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67 | | - | the state may not seek the death penalty in any case based solely on |
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68 | | - | an offense under that subdivision. |
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69 | | - | SECTION 4. The change in law made by this Act applies only |
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| 52 | + | SECTION 3. The change in law made by this Act applies only |
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