Relating to the offense of escape from custody by a person lawfully detained.
Notes
It is important to note that the effective date of SB844 is set as September 1, 2011, and the bill includes a clause stating that the changes apply only to offenses committed on or after this date. Offenses committed prior will remain governed by the laws in effect before this act's passage, which preserves the legal framework for past incidents.
Impact
The proposed changes in SB844 aim to enhance clarity in the law regarding escape from custody. By clearly defining the circumstances that constitute this offense, the bill could potentially lead to more precise enforcement by law enforcement agencies, as well as clearer guidelines for legal proceedings. This could contribute to a standardized approach in dealing with escape cases across Texas, which may facilitate more consistent adjudications in the courts.
Summary
SB844 addresses the offense of escape from custody by persons who are lawfully detained. The bill seeks to amend Sections 38.06(a) and (c) of the Penal Code, clarifying the circumstances under which a person can be charged with escaping from custody. The amendments specify that individuals may be charged if they escape while under arrest, lawfully detained, in custody due to a court order, or detained in a secure facility. This legislation is significant as it delineates the legal parameters for defining and prosecuting escape offenses.
Contention
A key point of contention in the discussions surrounding SB844 is the potential implications for individuals in the juvenile system. Critics may argue that the strict definitions could disproportionately impact detained youth who might escape in situations that arise from unsatisfactory conditions or lack of support. Furthermore, there may be discussions on whether the penalties, categorized as a felony of the third degree for certain circumstances, are sufficient or overly punitive, particularly for juveniles who are found escaping from custody under less severe conditions.
Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.
Relating to illegal entry into this state from Mexico by a person who is not a citizen or legal permanent resident of the United States; creating criminal offenses.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the creation of the criminal offense of improper entry from a foreign nation and indemnification of certain claims relating to the enforcement of that offense.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions, and authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.
Relating to state, local, and court involvement in determining whether victims and witnesses to an offense and certain detained, arrested, or incarcerated persons are lawfully present in the United States.