SRC-BWC S.B. 240 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 240
77R3216 JMG-FBy: Wentworth
Criminal Justice
2/9/2001
As Filed


DIGEST AND PURPOSE 

Currently, a person cannot be charged with hindering apprehension or
prosecution if the defendant being harbored was being sought for revocation
of probation, as the result of a 1990 court decision. As proposed, S.B. 240
allows for the prosecution of individuals who harbor a probationer while in
fugitive status by setting forth clear legislative intent within this bill. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 38.05(a), Penal Code, to provide that a person
commits an offense if, with intent to hinder the arrest, prosecution,
conviction, or punishment of another (rather than hindering the arrest,
prosecution, conviction, or punishment of another for an offense) or, with
intent to hinder the arrest, detention, adjudication, or disposition of a
child for engaging in delinquent conduct that violates a penal law of the
grade of felony, the person performs certain actions. 

SECTION 2.  Effective date:  September 1, 2001.
                       Makes application of this Act prospective.