SRC-CTC, BWC S.B. 1271 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1271
By: Bernsen
Criminal Justice
4/17/2001
As Filed


DIGEST AND PURPOSE 

In 1999, in response to an increased number of escapes and attempted
escapes from juvenile correctional facilities, the 76th Texas Legislature
established provisions regarding the punishment of offenses for certain
juveniles escaping from custody with the Texas Youth Commission.  Escape
from a juvenile correctional facility had been a Class A misdemeanor,
except in cases in which the juvenile caused bodily injury, serious bodily
injury, or used or threatened to use a deadly weapon during the escape or
attempted escape.  As proposed, S.B. 1271 provides that an offense under
Section 38.06(c), Penal Code, is a felony of the third degree if the actor
is detained in a secure detention or correctional facility operated by or
under contract with a juvenile board. 

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 38.06(c), Penal Code, to provide that an offense
under this section is a third degree felony if the actor is detained in a
secure detention facility or a secure correctional facility as defined by
Section 51.02 (Definitions), Family Code, operated by or under contract
with a juvenile board. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2001.