By Hightower                                           H.B. No. 975

         75R8334 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to preventing and prosecuting the criminal offense of

 1-3     escape.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 9.01(1) and (2), Penal Code, are amended

 1-6     to read as follows:

 1-7                 (1)  "Custody" has the meaning assigned by Section

 1-8     38.01 [means:]

 1-9                       [(A)  under arrest by a peace officer; or]

1-10                       [(B)  under restraint by a public servant

1-11     pursuant to an order of a court].

1-12                 (2)  "Escape" has the meaning assigned by Section 38.01

1-13     [means unauthorized departure from custody or failure to return to

1-14     custody following temporary leave for a specific purpose or limited

1-15     period, but does not include a violation of conditions of community

1-16     supervision or parole, or following leave that is part of an

1-17     intermittent sentence].

1-18           SECTION 2.  Section 38.01(1), Penal Code, is amended to read

1-19     as follows:

1-20                 (1)  "Custody" means:

1-21                       (A)  under arrest by a peace officer or under

1-22     restraint by a public servant pursuant to an order of a court of

1-23     this state or another state of the United States; or

1-24                       (B)  under restraint by an agent or employee of a

 2-1     facility that is operated by or under contract with the United

 2-2     States and that confines persons arrested for, charged with, or

 2-3     convicted of criminal offenses.

 2-4           SECTION 3.  (a)  The change in law made by this Act applies

 2-5     only to an offense committed on or after the effective date of this

 2-6     Act.  For purposes of this section, an offense is committed before

 2-7     the effective date of this Act if any element of the offense occurs

 2-8     before the effective date.

 2-9           (b)  An offense committed before the effective date of this

2-10     Act is covered by the law in effect when the offense was committed,

2-11     and the former law is continued in effect for that purpose.

2-12           SECTION 4.  This Act takes effect September 1, 1997.

2-13           SECTION 5.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.