BILL ANALYSIS Senate Research Center S.B. 844 82R2961 GCB-F By: Patrick Criminal Justice 3/31/2011 As Filed
BILL ANALYSIS
Senate Research Center S.B. 844
82R2961 GCB-F By: Patrick
Criminal Justice
3/31/2011
As Filed
Senate Research Center
S.B. 844
82R2961 GCB-F
By: Patrick
Criminal Justice
3/31/2011
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, Section 38.06 (Escape), Penal Code, provides that a person commits an offense if the person escapes from custody when the person is under arrest for, charged with, or convicted of an offense. Peace officers have the authority to "lawfully detain" individuals based on reasonable suspicion that the person has committed an offense. However, if the person who is lawfully detained escapes, there is no provision to charge that person with escape. S.B. 844 would amend Sections 38.06(a) and (c), Penal Code, to provide that a person commits an offense if the person escapes from custody after being lawfully detained. As proposed, S.B. 844 amends current law relating to the offense of escape from custody by a person lawfully detained. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 38.06(a) and (c), Penal Code, as follows: (a) Provides that a person commits an offense if the person escapes from custody when the person is: (1) under arrest for, lawfully detained for, charged with, or convicted of an offense; or (2)-(4) Makes no changes to these subdivisions. (c) Provides that an offense under this section is a felony of the third degree if the actor: (1) is under arrest for, lawfully detained for, charged with, or convicted of a felony; or (2) and (3) Makes no changes to these subdivisions. Makes nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, Section 38.06 (Escape), Penal Code, provides that a person commits an offense if the person escapes from custody when the person is under arrest for, charged with, or convicted of an offense. Peace officers have the authority to "lawfully detain" individuals based on reasonable suspicion that the person has committed an offense. However, if the person who is lawfully detained escapes, there is no provision to charge that person with escape. S.B. 844 would amend Sections 38.06(a) and (c), Penal Code, to provide that a person commits an offense if the person escapes from custody after being lawfully detained.
As proposed, S.B. 844 amends current law relating to the offense of escape from custody by a person lawfully detained.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 38.06(a) and (c), Penal Code, as follows:
(a) Provides that a person commits an offense if the person escapes from custody when the person is:
(1) under arrest for, lawfully detained for, charged with, or convicted of an offense; or
(2)-(4) Makes no changes to these subdivisions.
(c) Provides that an offense under this section is a felony of the third degree if the actor:
(1) is under arrest for, lawfully detained for, charged with, or convicted of a felony; or
(2) and (3) Makes no changes to these subdivisions.
Makes nonsubstantive changes.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2011.