By Haggerty H.B. No. 944
77R4587 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of unlawful restraint.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 20.01, Penal Code, is amended by adding
1-5 Subdivision (4) to read as follows:
1-6 (4) "Correctional facility" and "custody" have the
1-7 meanings assigned by Section 39.04(e).
1-8 SECTION 2. Section 20.02(c), Penal Code, is amended to read
1-9 as follows:
1-10 (c) An offense under this section is a Class A misdemeanor,
1-11 except that the offense is [unless]:
1-12 (1) a state jail felony if the person restrained was a
1-13 child younger than 17 years of age[, in which event the offense is
1-14 a state jail felony]; or
1-15 (2) a felony of the third degree if:
1-16 (A) the actor recklessly exposes the victim to a
1-17 substantial risk of serious bodily injury; or
1-18 (B) the actor while in custody restrained an
1-19 official or employee of a correctional facility[, in which event it
1-20 is a felony of the third degree].
1-21 SECTION 3. (a) The change in law made by this Act applies
1-22 only to an offense committed on or after the effective date of this
1-23 Act. For purposes of this section, an offense is committed before
1-24 the effective date of this Act if any element of the offense occurs
2-1 before the effective date.
2-2 (b) An offense committed before the effective date of this
2-3 Act is covered by the law in effect when the offense was committed,
2-4 and the former law is continued in effect for that purpose.
2-5 SECTION 4. This Act takes effect September 1, 2001.