1-1 By: Whitmire S.B. No. 1010 1-2 (In the Senate - Filed March 7, 1997; March 11, 1997, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 April 16, 1997, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; April 16, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the definition of "custody" for the purpose of 1-9 prosecuting the offense of escape. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subdivision (1), Section 38.01, Penal Code, is 1-12 amended to read as follows: 1-13 (1) "Custody" means: 1-14 (A) under arrest by a peace officer or under 1-15 restraint by a public servant pursuant to an order of a court of 1-16 this state or another state of the United States; or 1-17 (B) under restraint by an agent or employee of a 1-18 facility that is operated under contract with the United States and 1-19 that confines persons arrested for, charged with, or convicted of 1-20 criminal offenses. 1-21 SECTION 2. (a) The change in law made by this Act applies 1-22 only to an offense committed on or after the effective date of this 1-23 Act. For purposes of this section, an offense is committed before 1-24 the effective date of this Act if any element of the offense occurs 1-25 before the effective date. 1-26 (b) An offense committed before the effective date of this 1-27 Act is covered by the law in effect when the offense was committed, 1-28 and the former law is continued in effect for that purpose. 1-29 SECTION 3. This Act takes effect September 1, 1997. 1-30 SECTION 4. The importance of this legislation and the 1-31 crowded condition of the calendars in both houses create an 1-32 emergency and an imperative public necessity that the 1-33 constitutional rule requiring bills to be read on three several 1-34 days in each house be suspended, and this rule is hereby suspended. 1-35 * * * * *