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.