HBA-LJP H.B. 1313 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1313
By: Hopson
Criminal Jurisprudence
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person commits a Class A misdemeanor if the person
restrains another person. Last year on April 14 at the William P. Clements
Unit in Texas, an inmate held a correctional officer hostage for seven
hours and eventually released the officer without injury.  A stronger
penalty for restraining a correctional official may help to prevent these
types of incidents from occurring.  House Bill 1313 provides that a person
commits a felony of the third degree if the actor while in custody
restrains an official or employee of a correctional facility. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1313 amends the Penal Code to provide that a person commits a
felony of the third degree if the actor while in custody restrains an
official or employee of a correctional facility. 

EFFECTIVE DATE

September 1, 2001.