SRC-CDH H.B. 975 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 975
By: Hightower (Whitmire)
Criminal Justice
4-27-97
Engrossed


DIGEST 

Currently, the Penal Code contains two different definitions of the term
"escape."  The definition of escape in Chapter 38 is more comprehensive
than the definition in Chapter 9, and includes unauthorized departure from
a secure correctional facility when the person is in the facility as a
condition of community supervision or parole.  Problems have arisen with
these conflicting meanings, particularly as regards Section 9.52 of the
Penal Code, which provides that a guard employed by a correctional
facility or a peace officer is justified in using any force that he or she
reasonably believes to be necessary to prevent a person's escape.  H.B.
975 matches the definitions in Chapters 9 and 38 to ensure that a
correctional officer may use force to prevent the escape from a secure
correctional facility by an inmate who is imprisoned as a condition of
parole or community supervision.    

PURPOSE

As proposed, H.B. 975 establishes provisions for preventing and
prosecuting the criminal offense of escape. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 9.01(1) and (2), Penal Code, to redefine
"custody" and "escape" to have the meanings assigned by Section 38.01. 

SECTION 2. Amends Section 38.01(1), Penal Code, to redefine "custody" to
mean under arrest by a peace officer or under restraint by a public
servant pursuant to an order of a court of this state or another state of
the United States; or under restraint by an agent or employee of a
facility that is operated by or under contract with the United States and
that confines persons arrested for, charged with, or convicted of criminal
offenses. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.