By Shapiro S.B. No. 1835
75R9164 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of unlawful restraint
1-3 and the requirement that certain defendants convicted of that
1-4 offense be required to register as sex offenders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. (a) The chapter heading to Chapter 20, Penal
1-7 Code, is amended to read as follows:
1-8 CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT
1-9 [FALSE IMPRISONMENT]
1-10 (b) The section heading to Section 20.02, Penal Code, is
1-11 amended to read as follows:
1-12 Sec. 20.02. UNLAWFUL RESTRAINT [FALSE IMPRISONMENT].
1-13 SECTION 2. Section 20.02(c), Penal Code, is amended to read
1-14 as follows:
1-15 (c) An offense under this section is a Class B misdemeanor
1-16 unless:
1-17 (1) the person restrained was a child younger than 14
1-18 years of age, in which event the offense is a Class A misdemeanor;
1-19 or
1-20 (2) the actor recklessly exposes the victim to a
1-21 substantial risk of serious bodily injury, in which event it is a
1-22 felony of the third degree.
1-23 SECTION 3. Section 1(5), Article 6252-13c.1, Revised
1-24 Statutes, is amended to read as follows:
2-1 (5) "Reportable conviction or adjudication" means:
2-2 (A) a conviction for violation of:
2-3 (i) Section 20.02 (Unlawful restraint),
2-4 Penal Code, punishable under Section 20.02(c)(1); or
2-5 (ii) Section 21.11 (Indecency with a
2-6 child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
2-7 assault), or 25.02 (Prohibited sexual conduct), Penal Code;
2-8 (B) a conviction for violation of Section 43.25
2-9 (Sexual performance by a child) or 43.26 (Possession or promotion
2-10 of child pornography), Penal Code;
2-11 (C) a conviction for a violation of Section
2-12 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
2-13 committed the offense with intent to violate or abuse the victim
2-14 sexually;
2-15 (D) a conviction for a violation of Section
2-16 30.02 (Burglary), Penal Code, if the offense is punishable under
2-17 Subsection (d) of that section and the defendant committed the
2-18 offense with intent to commit a felony listed in Paragraph (A) or
2-19 (C) of this subdivision;
2-20 (E) the second conviction for a violation of
2-21 Section 21.08 (Indecent exposure), Penal Code;
2-22 (F) a conviction for an attempt, conspiracy, or
2-23 solicitation, as defined by Chapter 15, Penal Code, to commit an
2-24 offense listed in Paragraph (A), (B), (C), or (D) of this
2-25 subdivision;
2-26 (G) an adjudication of delinquent conduct based
2-27 on a violation of one of the offenses listed in Paragraph (A), (B),
3-1 (C), (D), or (F) of this subdivision or for which two violations of
3-2 the offenses listed in Paragraph (E) of this subdivision are shown;
3-3 (H) a deferred adjudication for an offense
3-4 listed in Paragraph (A), (B), (C), (D), or (F) of this subdivision;
3-5 (I) a conviction under the laws of another state
3-6 for an offense containing elements that are substantially similar
3-7 to the elements of an offense listed under Paragraph (A), (B),
3-8 (C), (D), or (F) of this subdivision; or
3-9 (J) the second conviction under the laws of
3-10 another state for an offense containing elements that are
3-11 substantially similar to the elements of the offense of indecent
3-12 exposure.
3-13 SECTION 4. (a) The change in law made by this Act applies
3-14 only to an offense committed on or after the effective date of this
3-15 Act. For purposes of this section, an offense is committed before
3-16 the effective date of this Act if any element of the offense occurs
3-17 before the effective date.
3-18 (b) An offense committed before the effective date of this
3-19 Act is covered by the law in effect when the offense was committed,
3-20 and the former law is continued in effect for that purpose.
3-21 SECTION 5. This Act takes effect September 1, 1997.
3-22 SECTION 6. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.