| 1 | 1 | | 82R30625 E |
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| 2 | 2 | | By: Patrick S.B. No. 844 |
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| 3 | 3 | | (Hunter, Gallego, Christian, Rodriguez, Zedler, et al.) |
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| 4 | 4 | | Substitute the following for S.B. No. 844: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the offense of escape from custody by a person lawfully |
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| 10 | 10 | | detained. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 38.06(a) and (c), Penal Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a) A person commits an offense if the person [he] escapes |
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| 15 | 15 | | from custody when the person [he] is: |
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| 16 | 16 | | (1) under arrest for, lawfully detained for, charged |
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| 17 | 17 | | with, or convicted of an offense; |
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| 18 | 18 | | (2) in custody pursuant to a lawful order of a court; |
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| 19 | 19 | | (3) detained in a secure detention facility, as that |
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| 20 | 20 | | term is defined by Section 51.02, Family Code; or |
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| 21 | 21 | | (4) in the custody of a juvenile probation officer for |
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| 22 | 22 | | violating an order imposed by the juvenile court under Section |
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| 23 | 23 | | 52.01, Family Code. |
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| 24 | 24 | | (c) An offense under this section is a felony of the third |
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| 25 | 25 | | degree if the actor: |
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| 26 | 26 | | (1) is under arrest for, charged with, or convicted of |
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| 27 | 27 | | a felony; |
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| 28 | 28 | | (2) is confined or lawfully detained in a secure |
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| 29 | 29 | | correctional facility or law enforcement facility; or |
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| 30 | 30 | | (3) is committed to or lawfully detained in a secure |
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| 31 | 31 | | correctional facility, as defined by Section 51.02, Family Code, |
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| 32 | 32 | | other than a halfway house, operated by or under contract with the |
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| 33 | 33 | | Texas Youth Commission. |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 35 | | to an offense committed on or after the effective date of this Act. |
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| 36 | 36 | | An offense committed before the effective date of this Act is |
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| 37 | 37 | | covered by the law in effect when the offense was committed, and the |
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| 38 | 38 | | former law is continued in effect for that purpose. For purposes of |
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| 39 | 39 | | this section, an offense was committed before the effective date of |
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| 40 | 40 | | this Act if any element of the offense was committed before that |
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| 41 | 41 | | date. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2011. |
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