By Staples H.B. No. 1428
76R2122 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of and the punishment for the offense
1-3 of unlawful restraint.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 20.01(1), Penal Code, is amended to read
1-6 as follows:
1-7 (1) "Restrain" means to restrict a person's movements
1-8 without consent, so as to interfere substantially with the person's
1-9 [his] liberty, by moving the person [him] from one place to another
1-10 or by confining the person [him]. Restraint is "without consent"
1-11 if it is accomplished by:
1-12 (A) force, intimidation, or deception; or
1-13 (B) any means, including acquiescence of the
1-14 victim, if:
1-15 (i) the victim [he] is a child who is less
1-16 than 14 years of age or an incompetent person and the parent,
1-17 guardian, or person or institution acting in loco parentis has not
1-18 acquiesced in the movement or confinement; or
1-19 (ii) the victim is a child who is 14 years
1-20 of age or older and younger than 17 years of age, the victim is
1-21 taken outside of the state and outside a 120-mile radius from the
1-22 victim's residence, and the parent, guardian, or person or
1-23 institution acting in loco parentis has not acquiesced in the
1-24 movement.
2-1 SECTION 2. Section 20.02, Penal Code, is amended by amending
2-2 Subsection (c) and adding Subsection (e) to read as follows:
2-3 (c) An offense under this section is a Class B misdemeanor
2-4 unless:
2-5 (1) the person restrained was a child younger than 17
2-6 [14] years of age, in which event the offense is a Class A
2-7 misdemeanor; or
2-8 (2) the actor recklessly exposes the victim to a
2-9 substantial risk of serious bodily injury, in which event it is a
2-10 felony of the third degree.
2-11 (e) It is an affirmative defense to prosecution under this
2-12 section that:
2-13 (1) the person restrained was a child who is 14 years
2-14 of age or older and younger than 17 years of age;
2-15 (2) the actor does not restrain the child by force,
2-16 intimidation, or deception; and
2-17 (3) the actor is not more than three years older than
2-18 the child.
2-19 SECTION 3. The change in law made by this Act applies only
2-20 to an offense committed on or after the effective date of this Act.
2-21 An offense committed before the effective date of this Act is
2-22 covered by the law in effect when the offense was committed, and
2-23 the former law is continued in effect for that purpose. For
2-24 purposes of this section, an offense was committed before the
2-25 effective date of this Act if any element of the offense occurred
2-26 before that date.
2-27 SECTION 4. This Act takes effect September 1, 1999.
3-1 SECTION 5. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.