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.
1-41 * * * * *