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.

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