By Combs H.B. No. 1370
74R3985 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of unauthorized absence from a community
1-3 corrections facility, county correctional center, or correctional
1-4 assignment site.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 38.113, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 38.113. Unauthorized Absence From Community Corrections
1-9 Facility, County Correctional Center, or Assignment Site. (a) A
1-10 person commits an offense if the person:
1-11 (1) is sentenced to or is required as a condition of
1-12 community supervision or correctional programming <probation> to
1-13 submit to a period of detention or treatment in a community
1-14 corrections facility or county correctional center;
1-15 (2) <and the person> fails to report to or leaves the
1-16 facility, the center, or a community service or programmatic
1-17 assignment site as directed by the court, community supervision and
1-18 corrections department supervising the person, or director of the
1-19 facility or center in which the person is detained or treated, as
1-20 appropriate; and
1-21 (3) in failing to report or leaving acts without the
1-22 approval of the court, the community supervision and corrections
1-23 department supervising the person, or the director of the facility
1-24 or center in which the person is detained or treated.
2-1 (b) An offense under this section is a state jail felony.
2-2 SECTION 2. (a) The change in law made by this Act applies
2-3 only to an offense committed on or after the effective date of this
2-4 Act. For purposes of this section, an offense is committed before
2-5 the effective date of this Act if any element of the offense occurs
2-6 before the effective date.
2-7 (b) An offense committed before the effective date of this
2-8 Act is covered by the law in effect when the offense was committed,
2-9 and the former law is continued in effect for that purpose.
2-10 SECTION 3. This Act takes effect September 1, 1995.
2-11 SECTION 4. 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.