| 1 | 1 | | S.B. No. 386 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the prosecution of a capital murder committed against a |
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| 6 | 6 | | peace officer or fireman. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. This Act may be cited as the Richard Houston II |
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| 9 | 9 | | Act. |
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| 10 | 10 | | SECTION 2. Section 19.03, Penal Code, is amended by adding |
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| 11 | 11 | | Subsection (d) to read as follows: |
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| 12 | 12 | | (d) For purposes of Subsection (a)(1), the actor is presumed |
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| 13 | 13 | | to have known the person murdered was a peace officer or fireman if |
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| 14 | 14 | | the person was wearing a distinctive uniform or badge indicating |
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| 15 | 15 | | the person's employment as a peace officer or fireman. |
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| 16 | 16 | | SECTION 3. The change in law made by this Act applies only |
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| 17 | 17 | | to an offense committed on or after the effective date of this Act. |
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| 18 | 18 | | An offense committed before the effective date of this Act is |
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| 19 | 19 | | governed by the law in effect on the date the offense was committed, |
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| 20 | 20 | | and the former law is continued in effect for that purpose. |
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| 21 | 21 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 22 | 22 | | ______________________________ ______________________________ |
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| 23 | 23 | | President of the Senate Speaker of the House |
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| 24 | 24 | | I hereby certify that S.B. No. 386 passed the Senate on |
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| 25 | 25 | | April 5, 2023, by the following vote: Yeas 30, Nays 1; and that |
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| 26 | 26 | | the Senate concurred in House amendment on May 25, 2023, by the |
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| 27 | 27 | | following vote: Yeas 30, Nays 1. |
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| 28 | 28 | | ______________________________ |
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| 29 | 29 | | Secretary of the Senate |
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| 30 | 30 | | I hereby certify that S.B. No. 386 passed the House, with |
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| 31 | 31 | | amendment, on May 23, 2023, by the following vote: Yeas 140, |
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| 32 | 32 | | Nays 0, two present not voting. |
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| 33 | 33 | | ______________________________ |
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| 34 | 34 | | Chief Clerk of the House |
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| 35 | 35 | | Approved: |
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| 36 | 36 | | ______________________________ |
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| 37 | 37 | | Date |
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| 38 | 38 | | ______________________________ |
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| 39 | 39 | | Governor |
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