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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 975 was passed by the House on April
9, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 975 was passed by the Senate on May
12, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor