By Wise                                         H.B. No. 2371

      75R5087 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of and punishment for the offenses of

 1-3     kidnapping and aggravated kidnapping.

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

 1-5           SECTION 1.  Section 20.03(c), Penal Code, is amended to read

 1-6     as follows:

 1-7           (c)  An offense under this section is a felony of the third

 1-8     degree, except that an offense under this section is a felony of

 1-9     the  second degree if the actor exposed the person abducted to a

1-10     risk of serious bodily injury.

1-11           SECTION 2.  Section 20.04(a), Penal Code, is amended to read

1-12     as follows:

1-13           (a)  A person commits an offense if:

1-14                 (1)  the person [he] intentionally or knowingly abducts

1-15     another  person with the intent to:

1-16                       (A) [(1)]  hold the person abducted [him] for

1-17     ransom or reward or to coerce a third person to perform some act;

1-18                       (B) [(2)]  use the person abducted [him] as a

1-19     shield or hostage;

1-20                       (C) [(3)]  facilitate the commission of a felony

1-21     or the flight after the attempt or commission of a felony;

1-22                       (D) [(4)]  inflict bodily injury on the person

1-23     abducted [him] or violate or abuse the person abducted [him]

1-24     sexually;

 2-1                       (E) [(5)]  terrorize the person abducted [him] or

 2-2     a third person; [or]

 2-3                       (F) [(6)]  interfere with the performance of any

 2-4     governmental or political function; or

 2-5                       (G)  hold the person abducted in a condition of

 2-6     involuntary servitude; or

 2-7                 (2)  the person intentionally or knowingly abducts

 2-8     another person who is:

 2-9                       (A)  younger than 17 years of age; or

2-10                       (B)  incompetent.

2-11           SECTION 3.  (a)  The change in law made by this Act applies

2-12     only to an offense committed on or after the effective date of this

2-13     Act.  For purposes of this section, an offense is committed before

2-14     the effective date of this Act if any element of the offense occurs

2-15     before that date.

2-16           (b)  An offense committed before the effective date of this

2-17     Act is covered by the law in effect when the offense was committed,

2-18     and the former law is continued in effect for that purpose.

2-19           SECTION 4.  This Act takes effect September 1, 1997.

2-20           SECTION 5.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.