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.