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.