1-1     By:  Staples (Senate Sponsor - Shapiro)               H.B. No. 1428
 1-2           (In the Senate - Received from the House May 11, 1999;
 1-3     May 12, 1999, read first time and referred to Committee on Criminal
 1-4     Justice; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the prosecution of and the punishment for the offense
 1-9     of unlawful restraint.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 20.01(1), Penal Code, is amended to read
1-12     as follows:
1-13                 (1)  "Restrain" means to restrict a person's movements
1-14     without consent, so as to interfere substantially with the person's
1-15     [his] liberty, by moving the person [him] from one place to another
1-16     or by confining the person [him].  Restraint is "without consent"
1-17     if it is accomplished by:
1-18                       (A)  force, intimidation, or deception; or
1-19                       (B)  any means, including acquiescence of the
1-20     victim, if:
1-21                             (i)  the victim [he] is a child who is less
1-22     than 14 years of age or an incompetent person and the parent,
1-23     guardian, or person or institution acting in loco parentis has not
1-24     acquiesced in the movement or confinement; or
1-25                             (ii)  the victim is a child who is 14 years
1-26     of age or older and younger than 17 years of age, the victim is
1-27     taken outside of the state and outside a 120-mile radius from the
1-28     victim's residence, and the parent, guardian, or person or
1-29     institution acting in loco parentis has not acquiesced in the
1-30     movement.
1-31           SECTION 2.  Section 20.02, Penal Code, is amended by amending
1-32     Subsection (c) and adding Subsection (e) to read as follows:
1-33           (c)  An offense under this section is a Class B misdemeanor
1-34     unless:
1-35                 (1)  the person restrained was a child younger than 17
1-36     [14] years of age, in which event the offense is a Class A
1-37     misdemeanor; or
1-38                 (2)  the actor recklessly exposes the victim to a
1-39     substantial risk of serious bodily injury, in which event it is a
1-40     felony of the third  degree.
1-41           (e)  It is an affirmative defense to prosecution under this
1-42     section that:
1-43                 (1)  the person restrained was a child who is 14 years
1-44     of age or older and younger than 17 years of age;
1-45                 (2)  the actor does not restrain the child by force,
1-46     intimidation, or deception; and
1-47                 (3)  the actor is not more than three years older than
1-48     the child.
1-49           SECTION 3.  The change in law made by this Act applies only
1-50     to an offense committed on or after the effective date of this Act.
1-51     An  offense  committed  before  the  effective  date of this Act is
1-52     covered by the law in effect when the offense  was  committed, and
1-53     the former law is continued in effect for that purpose.  For
1-54     purposes of this section, an offense was committed before the
1-55     effective date of this Act if any element of the offense occurred
1-56     before that date.
1-57           SECTION 4.  This Act takes effect September 1, 1999.
1-58           SECTION 5.  The importance of this legislation and the
1-59     crowded condition of the calendars in both houses create an
1-60     emergency and an imperative public necessity that the
1-61     constitutional rule requiring bills to be read on three several
1-62     days in each house be suspended, and this rule is hereby suspended.
1-63                                  * * * * *