1-1 By: Shapiro S.B. No. 1104 1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 April 13, 1993, reported favorably, as amended, by the following 1-5 vote: Yeas 6, Nays 0; April 13, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Whitmire x 1-9 Brown x 1-10 Nelson x 1-11 Sibley x 1-12 Sims x 1-13 Turner x 1-14 West x 1-15 COMMITTEE AMENDMENT NO. 1 By: Sibley 1-16 Amend S.B. No. 1104 in SECTION 1, Section 56.03, as follows: 1-17 (1) On line 33 following "pending appeal." add "On receipt 1-18 of the report the district or county attorney shall notify the 1-19 appellate court of the fact of the escape." 1-20 A BILL TO BE ENTITLED 1-21 AN ACT 1-22 relating to the escape of a child while an appeal is pending. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Chapter 56, Family Code, is amended by adding 1-25 Section 56.03 to read as follows: 1-26 Sec. 56.03. ESCAPE OF A CHILD. When any escape from custody 1-27 by a child occurs while the child has an appeal pending, the Texas 1-28 Youth Commission or any juvenile detention facility where the child 1-29 was in custody shall immediately report the fact under oath to the 1-30 district or county attorney of the county in which the judgment of 1-31 adjudication or transfer was had. The report shall be sufficient 1-32 evidence of the fact of the escape and shall authorize dismissal of 1-33 the child's pending appeal. 1-34 SECTION 2. This Act takes effect September 1, 1993. 1-35 SECTION 3. The importance of this legislation and the 1-36 crowded condition of the calendars in both houses create an 1-37 emergency and an imperative public necessity that the 1-38 constitutional rule requiring bills to be read on three several 1-39 days in each house be suspended, and this rule is hereby suspended. 1-40 * * * * * 1-41 Austin, 1-42 Texas 1-43 April 13, 1993 1-44 Hon. Bob Bullock 1-45 President of the Senate 1-46 Sir: 1-47 We, your Committee on Criminal Justice to which was referred S.B. 1-48 No. 1104, have had the same under consideration, and I am 1-49 instructed to report it back to the Senate with the recommendation 1-50 that it do pass, as amended, and be printed. 1-51 Whitmire, 1-52 Chairman 1-53 * * * * * 1-54 WITNESSES 1-55 FOR AGAINST ON 1-56 ___________________________________________________________________ 1-57 Name: John Boston x 1-58 Representing: Tx Crim Def Lawyers Assoc. 1-59 City: Austin 1-60 ------------------------------------------------------------------- 1-61 Name: Gary Ary x 1-62 Representing: Dallas County DA 1-63 City: Garland 1-64 ------------------------------------------------------------------- 1-65 Name: Heil Hichols x 1-66 Representing: Tx Youth Commission 1-67 City: Austin 1-68 ------------------------------------------------------------------- 2-1 Name: Lee Ann Breading x 2-2 Representing: Denton County Criminal Dist. 2-3 City: Denton 2-4 ------------------------------------------------------------------- 2-5 Name: Lon Curtis x 2-6 Representing: TDCAA 2-7 City: Belton 2-8 ------------------------------------------------------------------- 2-9 Name: Rhonda Cates x 2-10 Representing: Tx Council on Family 2-11 Violence 2-12 City: Austin 2-13 -------------------------------------------------------------------