HBA-NMO H.B. 887 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 887
By: Tillery
              Criminal Jurisprudence
2/21/1999
Introduced



BACKGROUND AND PURPOSE 

Current law classifies the murder of a individual under six years of age as
a capital murder.  H.B. 887 classifies the murder of an individual under 13
years of age as a capital murder if the defendant has been found in a
criminal or civil proceeding to have abused or neglected the victim.  

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) Provides that a person commits capital murder if the person
intentionally or knowingly causes the death of an individual who is under
13 years of age and has been convicted of an offense  an element of which
includes abuse or neglect of the murdered individual, or has engaged, as
determined by a court in a civil proceeding, in an act involving abuse or
neglect of the murdered individual.  Makes conforming and  nonsubstantive
changes. 

(d) Provides that "abuse" and "neglect" have the meanings assigned to those
terms by Section 261.001, Family Code (Definitions).  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.