Texas 2019 - 86th Regular

Texas House Bill HB261 Compare Versions

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1-86R25903 AJZ-D
1+86R3222 AJZ-D
22 By: Frank H.B. No. 261
3- Substitute the following for H.B. No. 261:
4- By: Bell of Kaufman C.S.H.B. No. 261
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to increasing the punishment for certain conduct
10- constituting the offense of murder and providing for the
11- prosecution of that conduct as capital murder.
7+ relating to the prosecution of the offense of capital murder.
128 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
139 SECTION 1. This Act shall be known as Lauren's Law.
1410 SECTION 2. Section 19.03(a), Penal Code, is amended to read
1511 as follows:
1612 (a) A person commits an offense if the person commits murder
1713 as defined under Section 19.02(b)(1) and:
1814 (1) the person murders a peace officer or fireman who
1915 is acting in the lawful discharge of an official duty and who the
2016 person knows is a peace officer or fireman;
2117 (2) the person intentionally commits the murder in the
2218 course of committing or attempting to commit kidnapping, burglary,
2319 robbery, aggravated sexual assault, arson, obstruction or
2420 retaliation, or terroristic threat under Section 22.07(a)(1), (3),
2521 (4), (5), or (6);
2622 (3) the person commits the murder for remuneration or
2723 the promise of remuneration or employs another to commit the murder
2824 for remuneration or the promise of remuneration;
2925 (4) the person commits the murder while escaping or
3026 attempting to escape from a penal institution;
3127 (5) the person, while incarcerated in a penal
3228 institution, murders another:
3329 (A) who is employed in the operation of the penal
3430 institution; or
3531 (B) with the intent to establish, maintain, or
3632 participate in a combination or in the profits of a combination;
3733 (6) the person:
3834 (A) while incarcerated for an offense under this
3935 section or Section 19.02, murders another; or
4036 (B) while serving a sentence of life imprisonment
4137 or a term of 99 years for an offense under Section 20.04, 22.021, or
4238 29.03, murders another;
4339 (7) the person murders more than one person:
4440 (A) during the same criminal transaction; or
4541 (B) during different criminal transactions but
4642 the murders are committed pursuant to the same scheme or course of
4743 conduct;
48- (8) the person murders an individual under 10 years of
49- age; [or]
50- (9) the person murders an individual 10 years of age or
51- older but younger than 15 years of age; or
52- (10) the person murders another person in retaliation
44+ (8) the person murders an individual under 15 [10]
45+ years of age; or
46+ (9) the person murders another person in retaliation
5347 for or on account of the service or status of the other person as a
5448 judge or justice of the supreme court, the court of criminal
5549 appeals, a court of appeals, a district court, a criminal district
5650 court, a constitutional county court, a statutory county court, a
5751 justice court, or a municipal court.
58- SECTION 3. Section 1, Article 37.071, Code of Criminal
59- Procedure, is amended to read as follows:
60- Sec. 1. (a) If a defendant is found guilty in a capital
61- felony case in which the state does not seek the death penalty, the
62- judge shall sentence the defendant to life imprisonment or to life
63- imprisonment without parole as required by Section 12.31, Penal
64- Code.
65- (b) A defendant who is found guilty of an offense under
66- Section 19.03(a)(9), Penal Code, may not be sentenced to death, and
67- the state may not seek the death penalty in any case based solely on
68- an offense under that subdivision.
69- SECTION 4. The change in law made by this Act applies only
52+ SECTION 3. The change in law made by this Act applies only
7053 to an offense committed on or after the effective date of this Act.
7154 An offense committed before the effective date of this Act is
7255 governed by the law in effect on the date the offense was committed,
7356 and the former law is continued in effect for that purpose. For
7457 purposes of this section, an offense was committed before the
7558 effective date of this Act if any element of the offense occurred
7659 before that date.
77- SECTION 5. This Act takes effect September 1, 2019.
60+ SECTION 4. This Act takes effect September 1, 2019.