AUSTIN, Texas (KXXV) — The Texas Legislature has approved House Bill 1871, which increases penalties for attempted capital murder of a peace officer. The bill now awaits Gov. Greg Abbott’s signature and is set to take effect Sept. 1, 2025.
The legislation was introduced by Sen. Charles Schwertner, R-Georgetown, and Rep. Paul Dyson, R-Bryan, following a December 2022 incident in Brazos County. A suspect shot a Bryan police officer, stole the officer’s patrol vehicle, and later shot a Brazos County sheriff’s deputy during a standoff. Both officers survived. In 2024, the suspect was convicted of aggravated assault of a public servant.
The case revealed a gap in Texas law. Both aggravated assault of a public servant and attempted capital murder of a peace officer are currently classified as first-degree felonies. However, attempted capital murder is more difficult to prosecute because it requires proving intent to kill. This has led some prosecutors to pursue the lesser charge, even in serious attacks on law enforcement.
House Bill 1871 addresses this by raising the penalty for attempted capital murder of a peace officer. Under the new law, the offense carries a minimum sentence of 25 years to life in prison without parole. The bill also limits parole eligibility and removes mandatory supervision for those convicted under this statute.
“HB 1871 increases the punishment for criminals who do everything in their power to
murder police officers in the line of duty and attempt to take law enforcement away from
their family and friends,” Brazos District Attorney Jarvis Parsons said “It increases the
punishment for Attempted Capital Murder of a Peace Officer from a minimum of probation to a minimum of 25 years in prison up to life in prison with no parole. This increased punishment sends a vital message that, as Texans, we will protect the people who protect us.”
