SRC-CDH S.B. 1835 75(R)BILL ANALYSIS


Senate Research CenterS.B. 1835
By: Shapiro
Criminal Justice
4-29-97
Committee Report (Amended)


DIGEST 

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

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

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.    

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Deletes former SECTION 3, which redefines "reportable conviction or
adjudication."