1-1     By:  West                                              S.B. No. 152
 1-2           (In the Senate - Filed January 13, 1999; January 28, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 1, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; March 1, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the punishment for escape committed by certain
 1-9     juveniles in the custody of the Texas Youth Commission.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (c), Section 38.06, Penal Code, is
1-12     amended to read as follows:
1-13           (c)  An offense under this section is a felony of the third
1-14     degree if the actor:
1-15                 (1)  is under arrest for, charged with, or convicted of
1-16     a felony; [or]
1-17                 (2)  is confined in a secure correctional facility; or
1-18                 (3)  is committed to a secure correctional facility, as
1-19     defined by Section 51.02, Family Code, other than a halfway house,
1-20     operated by or under contract with the Texas Youth Commission.
1-21           SECTION 2.  (a)  The change in law made by this Act applies
1-22     only to an offense committed or, for the purposes of Title 3,
1-23     Family Code, to conduct that occurs on or after the effective date
1-24     of this Act.  For purposes of this section, an offense is committed
1-25     on or after the effective date of this Act if every element of the
1-26     offense occurs on or after that date, and conduct violating a penal
1-27     law of this state occurs on or after the effective date of this Act
1-28     if every element of the violation occurs on or after that date.
1-29           (b)  An offense committed before the effective date of this
1-30     Act is covered by the law in effect when the offense was committed,
1-31     and the former law is continued in effect for that purpose.
1-32     Conduct that occurs before the effective date of this Act is
1-33     covered by the law in effect at the time the conduct occurred, and
1-34     the former law is continued in effect for that purpose.
1-35           SECTION 3.  This Act takes effect September 1, 1999.
1-36           SECTION 4.  The importance of this legislation and the
1-37     crowded condition of the calendars in both houses create an
1-38     emergency and an imperative public necessity that the
1-39     constitutional rule requiring bills to be read on three several
1-40     days in each house be suspended, and this rule is hereby suspended.
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