AN ACT
1-1 relating to the punishment for the offense of unlawful restraint.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. (a) The chapter heading to Chapter 20, Penal
1-4 Code, is amended to read as follows:
1-5 CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT
1-6 [FALSE IMPRISONMENT]
1-7 (b) The section heading to Section 20.02, Penal Code, is
1-8 amended to read as follows:
1-9 Sec. 20.02. UNLAWFUL RESTRAINT [FALSE IMPRISONMENT].
1-10 SECTION 2. Subsection (c), Section 20.02, Penal Code, is
1-11 amended to read as follows:
1-12 (c) An offense under this section is a Class B misdemeanor
1-13 unless:
1-14 (1) the person restrained was a child younger than 14
1-15 years of age, in which event the offense is a Class A misdemeanor;
1-16 or
1-17 (2) the actor recklessly exposes the victim to a
1-18 substantial risk of serious bodily injury, in which event it is a
1-19 felony of the third degree.
1-20 SECTION 3. (a) The change in law made by this Act applies
1-21 only to an offense committed on or after the effective date of this
1-22 Act. For purposes of this section, an offense is committed before
1-23 the effective date of this Act if any element of the offense occurs
2-1 before the effective date.
2-2 (b) An offense committed before the effective date of this
2-3 Act is covered by the law in effect when the offense was committed,
2-4 and the former law is continued in effect for that purpose.
2-5 SECTION 4. This Act takes effect September 1, 1997.
2-6 SECTION 5. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1835 passed the Senate on
May 5, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1835 passed the House on
May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor