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.