Relating to the offense of escape from custody by a person lawfully detained.
Impact
The changes introduced by HB 3973 enhance the legal framework surrounding escape from custody, particularly for offenses committed in correctional and juvenile facilities. The bill identifies felonious acts of escape based on the severity of the previous charges against the individual, categorizing such actions as third-degree felonies when the escapee is under arrest or confined for serious crimes. This aims to deter escapes from custody by establishing clearer legal consequences for individuals engaged in such actions.
Summary
House Bill 3973 aims to amend Sections 38.06(a) and (c) of the Penal Code concerning the offense of escape from custody. The bill specifies that a person commits a felony offense if they escape while being under arrest, lawfully detained, charged with, or convicted of a crime. It also includes provisions for individuals in custody due to a court order or in a secure detention facility, thereby expanding the definition of what constitutes unlawful escape from custody.
Contention
Despite the necessity for stringent laws against escape from custody, there may be concerns relating to how these amendments impact individuals facing less severe charges or those escaping from less secure facilities. Some may argue that the implications of the law could disproportionately affect marginalized communities, particularly youth in detention, raising questions about the balance between increased security and the rights of detainees. Overall, the bill seeks to reinforce state authority in managing custodial obligations while ensuring public safety.
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 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 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 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 certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.