HBA-NMO H.B. 2738 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2738
By: Williams
Criminal Jurisprudence
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes the court to make an affirmative finding that an
offense was committed because of the defendant's bias or prejudice against
a group.  The law authorizes the use of the affirmative finding during the
punishment phase of the trial to increase the punishment for certain
offenses to the punishment prescribed for the next highest offense.  The
law, however, does not authorize the use of such an affirmative finding to
punish a felony of the first degree as a capital offense.   

H.B. 2738 provides that a person commits capital murder if the person
murders an individual selected because of the actor's bias or prejudice
against a group. 

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(a), Penal Code, to provide that a person
commits capital murder if the person murders an individual selected because
of the actor's bias or prejudice against a group. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.