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From the 2005 Regular Session of the Texas Legislature

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See caveat and source notes at the 79th Regular Session page)

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	S.B. No. 1791



AN ACT



relating to the prosecution of the offense
of capital murder.


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:


SECTION 1.  Subsection (a), Section 19.03,
Penal Code, is amended to read as follows:


(a)  A person commits an offense if the
person commits murder as defined under Section 19.02(b)(1)
and:


	(1)  the person murders a peace officer
or fireman who is acting in the lawful discharge of
an official duty and who the person knows is a peace
officer or fireman;


	(2)  the person intentionally commits the
murder in the course of committing or attempting to
commit kidnapping, burglary, robbery, aggravated sexual
assault, arson, obstruction or retaliation, or terroristic
threat under Section 22.07(a)(1), (3), (4), (5), or
(6);


	(3)  the person commits the murder for
remuneration or the promise of remuneration or employs
another to commit the murder for remuneration or the
promise of remuneration;


	(4)  the person commits the murder while
escaping or attempting to escape from a penal institution;


	(5)  the person, while incarcerated in
a penal institution, murders another:


		(A)  who is employed in the operation of
the penal institution; or


		(B)  with the intent to establish, maintain,
or participate in a combination or in the profits of
a combination;


	(6)  the person:


		(A)  while incarcerated for an offense
under this section or Section 19.02, murders another;
or


		(B)  while serving a sentence of life imprisonment
or a term of 99 years for an offense under Section
20.04, 22.021, or 29.03, murders another;


	(7)  the person murders more than one person:


		(A)  during the same criminal transaction;
or


		(B)  during different criminal transactions
but the murders are committed pursuant to the same
scheme or course of conduct; or


	(8)  the person murders an individual under
six years of age; or


	(9)  the person murders another person
in retaliation for or on account of the service or
status of the other person as a judge or justice of
the supreme court, the court of criminal appeals, a
court of appeals, a district court, a criminal district
court, a constitutional county court, a statutory county
court, a justice court, or a municipal court.


SECTION 2.  This Act takes effect September
1, 2005.




______________________________	______________________________


President of the Senate        
    Speaker of the House


I hereby certify that S.B. No. 1791 passed
the Senate on May 3, 2005, by the following vote: 
Yeas 31, Nays 0.




______________________________


    Secretary of the Senate




I hereby certify that S.B. No. 1791 passed
the House on May 19, 2005, by a non-record vote.




______________________________


    Chief Clerk of the House




Approved:


______________________________


             Date


______________________________


           Governor