HBA-JLV H.B. 2098 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2098 By: Morrison Criminal Jurisprudence 7/10/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, the Penal Code provided for the punishment of unlawful restraint, but did not provide an increased penalty for those who restrained a public servant. An increased penalty was necessary because public servants working in the interests of the public were often subject to increased hostility while discharging an official duty or to retaliation as a result of an exercise of official power or performance of an official duty. House Bill 2098 increases the punishment for unlawful restraint from a Class A misdemeanor to a third degree felony if the individual unlawfully restrained is a public servant. 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 2098 amends the Penal Code to provide that the offense of unlawful restraint is a felony of the third degree if the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant or the actor while in custody restrains any other person. EFFECTIVE DATE September 1, 2001.