HBA-NMO H.B. 2112 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2112 By: Bonnen Criminal Jurisprudence 4/28/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Current law provides that attempted murder is a second-degree felony punishable by imprisonment for not more than twenty years and not less than two years, with a fine not to exceed $10,000. H.B. 2112 provides that attempted murder is a felony punishable by imprisonment for not more than sixty years and not less than two years, with a fine not to exceed $10,000. 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 15.01, Penal Code, by amending Subsection (d) and adding Subsection (e), as follows: (d) Makes conforming changes. (e) Provides that an offense under this section (Criminal Attempt) that is an attempt to commit murder is a felony punishable by imprisonment in the institutional division for not more than 60 years or less than two years. Authorizes the punishment of an individual under this subsection by a fine not to exceed $10,000, in addition to imprisonment. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 SECTION 1. Amends proposed Subsection 15.01(e), Penal Code, to provide that an offense under this section (Criminal Attempt) that is an attempt to commit an offense punishable under Section 19.02 (Murder), rather than Section 19.02(c), is a felony punishable by imprisonment in the institutional division for not more than 60 years or less than two years. Committee Amendment #2 SECTION 1. Amends proposed Subsection 15.01(e), Penal Code, to provide that an offense under this section (Criminal Attempt) that is an attempt to commit an offense punishable under Section 19.02 (Murder), rather than Section 19.02(c), is a felony punishable by imprisonment in the institutional division for not more than 40, rather than 60, years or less than two years.