AEZ C.S.H.B. 975 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 975
By: Hightower
3-18-97
Committee Report (Substituted)



BACKGROUND
 
The Penal Code contains two different uses of the term "escape," one in
Chapter 38, Definitions, where the offense of escape is defined, and one
in Chapter 9, Justifications, which is used to explain when a correctional
officer may justifiably use force.  Specifically, Sec. 9.52 states that "a
guard employed by a correctional facility or a peace officer is justified
in using any force, including deadly force, that he reasonably believes to
be immediately necessary to prevent the escape of a person from the
correctional facility." 

PURPOSE

The definition of escape in Chapter 38  is more comprehensive than the
current definition in Chapter 9 in that the definition includes
unauthorized departure from a secure correctional facility, when the
personal is in the facility as a condition of community supervision or
parole.  The Sec. 9.01 definition needs to match the Sec. 38.01 definition
in order to ensure that  a correctional officer may justifiably use force
to prevent an escape from a secure correctional facility by an inmate who
is there as a condition of parole or community supervision. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 9.01 (1) and (2), Penal Code by:
(1) stating that the word "Custody" has the same meaning assigned by Sec.
38.01. 
(2) stating that the word "Escape" has the same meaning assigned by Sec.
38.01.  

SECTION 2.Amends Section 38.01 (1), Penal Code by defining "Custody" as:
(A) under arrest or restraint by a public servant under order of a court
of this state or another state in the United States; or 
 (B) under restraint by an agent or employee of a facility that is
operated or under contract with the United States that confines persons
arrested for, charged with, or convicted of a criminal offense. 

SECTION 3.The change in law applies only to an offense committed on or
after the effective date of this act.  An offense committed before the
effective date is covered by the law in effect when the offense was
committed. 

SECTION 3.Effective date:  September 1, 1997.

SECTION 4.Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill amended only amended Section 9.01(2) giving "Escape" the
meaning assigned by Sec. 38.01 of the Penal Code.  In addition to amending
Section 9.01(2), the substitute amends  Section 9.01(1) giving "Custody"
the meaning assigned by Sec. 38.01 Penal Code.   The substitute also
amends Section 38.01, Penal Code, by expanding the meaning of "custody".