HBA-GUM H.B. 2984 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2984 By: Moreno, Joe Criminal Jurisprudence 4/16/1999 Introduced BACKGROUND AND PURPOSE Current law defines a deadly weapon as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Texas courts have interpreted this definition of a deadly weapon as being applicable to cases where the offender has no intention of using any deadly weapon. This interpretation has resulted in treating equally for punishment purposes those who use a car with the intent of running down a person and those who drive a car while intoxicated, but who have no such intent. H.B. 2924 deletes existing text defining "deadly weapon" as anything that in the manner of its use is capable of causing death or serious bodily injury and replaces it with language regarding intent. 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 1.07(17), Penal Code, to redefine "deadly weapon" as anything that is used with the intent to cause death or serious bodily injury, rather than anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.