By Delisi H.B. No. 2621
74R7246 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of hindering the apprehension or
1-3 adjudication of a child who engages in certain delinquent conduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 38.05(a) and (c), Penal Code, are
1-6 amended to read as follows:
1-7 (a) A person commits an offense if, with intent to hinder
1-8 the arrest, prosecution, conviction, or punishment of another for
1-9 an offense or, with intent to hinder the arrest, detention,
1-10 adjudication, or disposition of a child for engaging in delinquent
1-11 conduct that violates a penal law of the grade of felony, he:
1-12 (1) harbors or conceals the other;
1-13 (2) provides or aids in providing the other with any
1-14 means of avoiding arrest or effecting escape; or
1-15 (3) warns the other of impending discovery or
1-16 apprehension.
1-17 (c) An offense under this section is a Class A misdemeanor,
1-18 except that the offense is a felony of the third degree if the
1-19 person who is harbored, concealed, provided with a means of
1-20 avoiding arrest or effecting escape, or warned of discovery or
1-21 apprehension is under arrest for, charged with, or convicted of a
1-22 felony, or is in custody or detention for, is alleged in a petition
1-23 to have engaged in, or has been adjudicated as having engaged in
1-24 delinquent conduct that violates a penal law of the grade of
2-1 felony, and the person charged under this section knew that the
2-2 person they harbored, concealed, provided with a means of avoiding
2-3 arrest or effecting escape, or warned of discovery or apprehension
2-4 is under arrest for, charged with, or convicted of a felony, or is
2-5 in custody or detention for, is alleged in a petition to have
2-6 engaged in, or has been adjudicated as having engaged in delinquent
2-7 conduct that violates a penal law of the grade of felony.
2-8 SECTION 2. The change in law made by this Act to Section
2-9 38.05, Penal Code, applies only to a criminal offense committed on
2-10 or after the effective date of this Act.
2-11 SECTION 3. This Act takes effect September 1, 1995.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.