HBA-NMO H.B. 796 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 796
By: Allen
Criminal Jurisprudence
2/26/1999
Introduced


BACKGROUND AND PURPOSE 

Current law classifies certain types of murder as capital murder.  H.B. 796
expands the class of capital murders to include murder by an individual
completing a parole period or mandatory supervision period after serving a
sentence for certain violent, sex, or drug crimes; murder by an individual
restrained by an order of protection if the victim is the person protected
by the order; and murder of a person on the premises of, at an activity
sponsored by, or on a passenger transportation vehicle of a school or
educational institution.  

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 a capital murder if the person intentionally or knowingly causes
the death of an individual while completing a parole period or mandatory
supervision period after: 

_serving a sentence for an offense listed under Section 3g(a)(1), Article
42.12, Code of Criminal Procedure, which includes murder; capital murder;
indecency with a child; aggravated kidnapping; aggravated sexual assault;
aggravated robbery; manufacture or delivery of a controlled substance on or
near the property of a school, or on a school bus; or sexual assault; or  

_serving a sentence the judgment for which contains an affirmative finding
under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure, that the
defendant used or exhibited a deadly weapon, as defined by Section 1.07,
Penal Code, during the commission of a felony offense or during the
immediate flight therefrom. 

Provides that a person commits a capital murder if the person intentionally
or knowingly causes the death of an individual who is protected by an order
issued under Section 6.504 or Chapter 85, Family Code (Protective Orders
and Issuance of Protective Orders, respectively), Article 17.292, Code of
Criminal Procedure (Magistrate's Order for Emergency Protection), or
Chapter 88, Family Code (Protective Order from Another Jurisdiction), while
the order is directed to the person who committed the murder. 

Provides that a person commits a capital murder if the person intentionally
or knowingly causes the death of an individual on the premises of, any
grounds on which an activity sponsored by, or a passenger transportation
vehicle of a public or private school or educational institution.  Makes
conforming and nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.