ACM S.B. 1835 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 1835
By: Shapiro (McClendon)
5-15-97
Committee Report (Unamended)


BACKGROUND 

Currently, there is no law that makes it an offense to entice a 
child with the intent to kidnap or bring 
harm to the child.  Thus, offenders who attempt child abductions 
by, for example, luring children 
into vehicles with the promise of money, gifts, candy, parent's 
permission, etc., face no criminal 
sanctions.  This legislation amends the kidnapping and false 
imprisonment law to make restraint of 
a child under the age of 14 by force, intimidation, or deception 
a Class A misdemeanor.  S.B. 1835 
also requires defendants convicted of this offense to register as 
sex offenders.    

PURPOSE

As proposed, S.B. 1835 establishes the punishment for the offense 
of unlawful restraint, and requires 
certain defendants convicted of that offense to register as sex 
offenders.  

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. (a)  Amends the chapter heading to Chapter 20, Penal 
Code, as follows:

CHAPTER 20.  New heading:  KIDNAPPING AND UNLAWFUL RESTRAINT

(b)  Amends the section heading to Section 20.02, Penal 
Code, as follows:

Sec. 20.02.  New heading:  UNLAWFUL RESTRAINT.

SECTION 2. Amends Section 20.02(c), Penal Code, to make an offense 
under this section, 
regarding intentionally or knowingly restraining another person, 
a Class B misdemeanor, unless the 
person restrained was a child younger than 14 years of age, in 
which event the offense is a Class A 
misdemeanor.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.