| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 84R6283 MEW-D | |
| 2 | 2 | By: West S.B. No. 1795 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to creating a defense to prosecution for the offense of | |
| 8 | 8 | resisting arrest, search, or transportation or the offenses of | |
| 9 | 9 | escape or permitting or facilitating escape. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Section 38.03(b), Penal Code, is amended to read | |
| 12 | 12 | as follows: | |
| 13 | 13 | (b) It is a [no] defense to prosecution under this section | |
| 14 | 14 | that the arrest or search was unlawful. | |
| 15 | 15 | SECTION 2. Section 38.08, Penal Code, is amended to read as | |
| 16 | 16 | follows: | |
| 17 | 17 | Sec. 38.08. EFFECT OF UNLAWFUL CUSTODY. It is a [no] | |
| 18 | 18 | defense to prosecution under Section 38.06 or 38.07 that the | |
| 19 | 19 | custody was unlawful. | |
| 20 | 20 | SECTION 3. The change in law made by this Act applies only | |
| 21 | 21 | to an offense committed on or after the effective date of this Act. | |
| 22 | 22 | An offense committed before the effective date of this Act is | |
| 23 | 23 | governed by the law in effect on the date the offense was committed, | |
| 24 | 24 | and the former law is continued in effect for that purpose. For | |
| 25 | 25 | purposes of this section, an offense was committed before the | |
| 26 | 26 | effective date of this Act if any element of the offense occurred | |
| 27 | 27 | before that date. | |
| 28 | 28 | SECTION 4. This Act takes effect September 1, 2015. |