1-1 By: Wentworth S.B. No. 342
1-2 (In the Senate - Filed January 27, 1995; January 30, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 5, 1995, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the offense of unauthorized absence from a community
1-9 corrections facility, county correctional center, or correctional
1-10 assignment site.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 38.113, Penal Code, is amended to read as
1-13 follows:
1-14 Sec. 38.113. Unauthorized Absence From Community Corrections
1-15 Facility, County Correctional Center, or Assignment Site. (a) A
1-16 person commits an offense if the person:
1-17 (1) is sentenced to or is required as a condition of
1-18 community supervision or correctional programming <probation> to
1-19 submit to a period of detention or treatment in a community
1-20 corrections facility or county correctional center;
1-21 (2) <and the person> fails to report to or leaves the
1-22 facility, the center, or a community service or programmatic
1-23 assignment site as directed by the court, community supervision and
1-24 corrections department supervising the person, or director of the
1-25 facility or center in which the person is detained or treated, as
1-26 appropriate; and
1-27 (3) in failing to report or leaving acts without the
1-28 approval of the court, the community supervision and corrections
1-29 department supervising the person, or the director of the facility
1-30 or center in which the person is detained or treated.
1-31 (b) An offense under this section is a state jail felony.
1-32 SECTION 2. (a) The change in law made by this Act applies
1-33 only to an offense committed on or after the effective date of this
1-34 Act. For purposes of this section, an offense is committed before
1-35 the effective date of this Act if any element of the offense occurs
1-36 before the effective date.
1-37 (b) An offense committed before the effective date of this
1-38 Act is covered by the law in effect when the offense was committed,
1-39 and the former law is continued in effect for that purpose.
1-40 SECTION 3. This Act takes effect September 1, 1995.
1-41 SECTION 4. The importance of this legislation and the
1-42 crowded condition of the calendars in both houses create an
1-43 emergency and an imperative public necessity that the
1-44 constitutional rule requiring bills to be read on three several
1-45 days in each house be suspended, and this rule is hereby suspended.
1-46 * * * * *