S.B. No. 844
AN ACT
relating to the offense of escape from custody by a person lawfully
detained.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (c), Section 38.06, Penal
Code, are amended to read as follows:
(a) A person commits an offense if the person [he] escapes
from custody when the person [he] is:
(1) under arrest for, lawfully detained for, charged
with, or convicted of an offense;
(2) in custody pursuant to a lawful order of a court;
(3) detained in a secure detention facility, as that
term is defined by Section 51.02, Family Code; or
(4) in the custody of a juvenile probation officer for
violating an order imposed by the juvenile court under Section
52.01, Family Code.
(c) An offense under this section is a felony of the third
degree if the actor:
(1) is under arrest for, charged with, or convicted of
a felony;
(2) is confined or lawfully detained in a secure
correctional facility or law enforcement facility; or
(3) is committed to or lawfully detained in a secure
correctional facility, as defined by Section 51.02, Family Code,
other than a halfway house, operated by or under contract with the
Texas Youth Commission.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 3. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 844 passed the Senate on
April 14, 2011, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 27, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 844 passed the House, with
amendment, on May 25, 2011, by the following vote: Yeas 147,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor