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.
2-23 * * * * *