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".