1-1     By:  Shapiro                                          S.B. No. 1835

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Criminal Justice;

 1-4     April 30, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 6, Nays 0; April 30, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Shapiro

 1-7     Amend S.B. No. 1835, by striking SECTION 3 of the bill and

 1-8     renumbering subsequent sections accordingly.

 1-9                            A BILL TO BE ENTITLED

1-10                                   AN ACT

1-11     relating to the punishment for the offense of unlawful restraint

1-12     and the requirement that certain defendants convicted of that

1-13     offense be required to register as sex offenders.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  (a)  The chapter heading to Chapter 20, Penal

1-16     Code, is amended to read as follows:

1-17               CHAPTER 20.  KIDNAPPING AND UNLAWFUL RESTRAINT

1-18                            [FALSE IMPRISONMENT]

1-19           (b)  The section heading to Section 20.02, Penal Code, is

1-20     amended to read as follows:

1-21           Sec. 20.02.  UNLAWFUL RESTRAINT [FALSE IMPRISONMENT].

1-22           SECTION 2.  Subsection (c), Section 20.02, Penal Code, is

1-23     amended to read as follows:

1-24           (c)  An offense under this section is a Class B misdemeanor

1-25     unless:

1-26                 (1)  the person restrained was a child younger than 14

1-27     years of age, in which event the offense is a Class A misdemeanor;

1-28     or

1-29                 (2)  the actor recklessly exposes the victim to a

1-30     substantial risk of serious bodily injury, in which event it is a

1-31     felony of the third degree.                            

1-32           SECTION 3.  Subdivision (5), Section 1, Article 6252-13c.1,

1-33     Revised Statutes, is amended to read as follows:

1-34                 (5)  "Reportable conviction or adjudication" means:

1-35                       (A)  a conviction for violation of:

1-36                             (i)  Section 20.02 (Unlawful restraint),

1-37     Penal Code, punishable under Section 20.02(c)(1); or

1-38                             (ii)  Section 21.11 (Indecency with a

1-39     child), 22.011 (Sexual assault), 22.021 (Aggravated sexual

1-40     assault), or 25.02 (Prohibited sexual conduct), Penal Code;

1-41                       (B)  a conviction for violation of Section 43.25

1-42     (Sexual performance by a child) or 43.26 (Possession or promotion

1-43     of child pornography), Penal Code;

1-44                       (C)  a conviction for a violation of Section

1-45     20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant

1-46     committed the offense with intent to violate or abuse the victim

1-47     sexually;

1-48                       (D)  a conviction for a violation of Section

1-49     30.02 (Burglary), Penal Code, if the offense is punishable under

1-50     Subsection (d) of that section and the defendant committed the

1-51     offense with intent to commit a felony listed in Paragraph (A) or

1-52     (C) of this subdivision;

1-53                       (E)  the second conviction for a violation of

1-54     Section 21.08 (Indecent exposure), Penal Code;

1-55                       (F)  a conviction for an attempt, conspiracy, or

1-56     solicitation, as defined by Chapter 15, Penal Code, to commit an

1-57     offense listed in Paragraph (A), (B), (C), or (D) of this

1-58     subdivision;

1-59                       (G)  an adjudication of delinquent conduct based

1-60     on a violation of one of the offenses listed in Paragraph (A), (B),

1-61     (C), (D), or (F) of this subdivision or for which two violations of

1-62     the offenses listed in Paragraph (E) of this subdivision are shown;

1-63                       (H)  a deferred adjudication for an offense

1-64     listed in Paragraph (A), (B), (C), (D), or (F) of this subdivision;

 2-1                       (I)  a conviction under the laws of another state

 2-2     for an offense containing elements that are substantially similar

 2-3     to  the elements of an offense listed under Paragraph (A), (B),

 2-4     (C), (D), or (F) of this subdivision; or

 2-5                       (J)  the second conviction under the laws of

 2-6     another state for an offense containing elements that are

 2-7     substantially similar to the elements of the offense of indecent

 2-8     exposure.

 2-9           SECTION 4.  (a)  The change in law made by this Act applies

2-10     only to an offense committed on or after the effective date of this

2-11     Act.  For purposes of this section, an offense is committed before

2-12     the effective date of this Act if any element of the offense occurs

2-13     before the effective date.

2-14           (b)  An offense committed before the effective date of this

2-15     Act is covered by the law in effect when the offense was committed,

2-16     and the former law is continued in effect for that purpose.

2-17           SECTION 5.  This Act takes effect September 1, 1997.

2-18           SECTION 6.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.

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