| 1 | 1 | | 83R10207 MAW-D |
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| 2 | 2 | | By: Moody, Wu H.B. No. 2678 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of certain offenses committed against a |
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| 8 | 8 | | person in custody. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 39.04(e)(1), Penal Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (1) "Correctional facility" means: |
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| 13 | 13 | | (A) any place described by Section 1.07(a)(14); |
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| 14 | 14 | | [or] |
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| 15 | 15 | | (B) any place or facility designated for the |
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| 16 | 16 | | detention of a person suspected of violating a provision of the |
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| 17 | 17 | | Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.); or |
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| 18 | 18 | | (C) a "secure correctional facility" or "secure |
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| 19 | 19 | | detention facility" as defined by Section 51.02, Family Code. |
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| 20 | 20 | | SECTION 2. Section 8B(a), Article 18.20, Code of Criminal |
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| 21 | 21 | | Procedure, is amended to read as follows: |
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| 22 | 22 | | (a) In this section, "correctional facility" means: |
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| 23 | 23 | | (1) any place described by Section 1.07(a)(14), Penal |
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| 24 | 24 | | Code; or |
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| 25 | 25 | | (2) a "secure correctional facility" or "secure |
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| 26 | 26 | | detention facility" as defined by Section 51.02, Family Code [has |
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| 27 | 27 | | the meaning assigned by Section 39.04(e), Penal Code]. |
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| 28 | 28 | | SECTION 3. The change in law made by this Act applies only |
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| 29 | 29 | | to an offense committed on or after the effective date of this Act. |
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| 30 | 30 | | An offense committed before the effective date of this Act is |
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| 31 | 31 | | governed by the law in effect on the date the offense was committed, |
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| 32 | 32 | | and the former law is continued in effect for that purpose. For |
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| 33 | 33 | | purposes of this section, an offense was committed before the |
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| 34 | 34 | | effective date of this Act if any element of the offense occurred |
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| 35 | 35 | | before that date. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2013. |
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