84R6283 MEW-D
By: Rinaldi H.B. No. 1168
A BILL TO BE ENTITLED
AN ACT
relating to creating a defense to prosecution for the offense of
resisting arrest, search, or transportation or the offenses of
escape or permitting or facilitating escape.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.03(b), Penal Code, is amended to read
as follows:
(b) It is a [no] defense to prosecution under this section
that the arrest or search was unlawful.
SECTION 2. Section 38.08, Penal Code, is amended to read as
follows:
Sec. 38.08. EFFECT OF UNLAWFUL CUSTODY. It is a [no]
defense to prosecution under Section 38.06 or 38.07 that the
custody was unlawful.
SECTION 3. 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
governed by the law in effect on the date 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 occurred
before that date.
SECTION 4. This Act takes effect September 1, 2015.