HBA-NMO H.B. 1025 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1025
By: Hilderbran
Criminal Jurisprudence
3/1/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, certain murders are classified as capital murder.  H.B. 1025
classifies a murder as a capital murder if the actor tortures of the victim
in the course of committing the murder or during the same criminal
transaction that included the commission of the murder. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 19.03, Penal Code, by amending Subsection (a)
and adding Subsection (d), as follows: 

(a) Includes in the list of capital murders the murder of an individual if
the actor tortures the victim in the course of committing the murder or
during the same criminal transaction that included the commission of the
murder.  Makes conforming and nonsubstantive changes. 

(d) Defines "torture" as causing an individual to suffer severe physical
pain in a cruel, inhumane, or brutal manner.  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.