HBA-JLV H.B. 2098 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2098
By: Morrison
Criminal Jurisprudence
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Penal Code provides for the punishment of unlawful
restraint, but does not provide an increased penalty for those who restrain
a public servant.  Some feel that public servants working in the interests
of the public could be 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. 

EFFECTIVE DATE

September 1, 2001.