BILL ANALYSIS
S.B. 342
By: Wentworth (Combs)
May 15, 1995
Committee Report (Unamended)
BACKGROUND
No current law specifically sanctions individuals who escape from
a county correctional center by failing to return from work release
or furlough. Section 38.113 of the Penal Code covers community
corrections facilities, but does not include county correctional
centers.
PURPOSE
As proposed, S.B. 342 creates an offense for an unauthorized
absence from a community corrections facility, correctional center,
or assignment site and provides a penalty.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 38.113, Penal Code, as follows:
Sec. 38.113. New title: UNAUTHORIZED ABSENCE FROM COMMUNITY
CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR
ASSIGNMENT SITE. (a) Provides that a person commits an
offense if the person is sentenced to or is required to submit
to a period of detention or treatment in a community
corrections facility or county correctional center as a
condition of community supervision or correctional
programming, fails to report to or leaves the facility or
designated site, and in failing to report to or leaving acts
without approval.
(b) Provides that an offense under this section is a state
jail felony.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.
SUMMARY OF COMMITTEE ACTION
SB 342 was considered by the full committee in a formal meeting on
May 15, 1995. SB was reported favorably without amendment, with
the recommendation that it do pass and be printed, by a record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.