By: Shelley S.B. No. 1039
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment for the offenses of false imprisonment,
1-2 kidnapping, and aggravated kidnapping and to the definition of
1-3 deadly force as it relates to those offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 20.01, Penal Code, is amended by adding
1-6 Subdivision (4) to read as follows:
1-7 (4) "Deadly force" means force that is intended or
1-8 known by the actor to cause or in the manner of its use or intended
1-9 use is capable of causing death or serious bodily injury.
1-10 SECTION 2. Subsection (c), Section 20.02, Penal Code, is
1-11 amended to read as follows:
1-12 (c) An offense under this section is a Class A <B>
1-13 misdemeanor unless the actor recklessly exposes the victim to a
1-14 substantial risk of serious bodily injury, in which event it is a
1-15 felony of the third degree.
1-16 SECTION 3. Subsection (c), Section 20.03, Penal Code, is
1-17 amended to read as follows:
1-18 (c) An offense under this section is a felony of the second
1-19 <third> degree.
1-20 SECTION 4. Subsection (b), Section 20.04, Penal Code, is
1-21 amended to read as follows:
1-22 (b) An offense under this section is a felony of the first
1-23 degree <unless the actor voluntarily releases the victim alive and
2-1 in a safe place, in which event it is a felony of the second
2-2 degree>.
2-3 SECTION 5. (a) The change in law made by this Act applies
2-4 only to an offense committed on or after the effective date of this
2-5 Act. For purposes of this section, an offense is committed before
2-6 the effective date of this Act if any element of the offense occurs
2-7 before that date.
2-8 (b) An offense committed before the effective date of this
2-9 Act is covered by the law in effect when the offense was committed,
2-10 and the former law is continued in effect for this purpose.
2-11 SECTION 6. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.