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.