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 20.02(c), Penal Code, is amended to read
 1-5     as follows:
 1-6           (c)  An offense under this section is a Class A misdemeanor,
 1-7     except that the offense is [unless]:
 1-8                 (1)  a state jail felony if the person restrained was a
 1-9     child younger than 17 years of age[, in which event the offense is
1-10     a state jail felony]; or
1-11                 (2)  a felony of the third degree if:
1-12                       (A)  the actor recklessly exposes the victim to a
1-13     substantial risk of serious bodily injury;
1-14                       (B)  the actor restrains an individual the actor
1-15     knows is a public servant while the public servant is lawfully
1-16     discharging an official duty or in retaliation or on account of an
1-17     exercise of official power or performance of an official duty as a
1-18     public servant; or
1-19                       (C)  the actor while in custody restrains any
1-20     other person [, in which event it is a felony of the third degree].
1-21           SECTION 2. (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 3. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2098 was passed by the House on May
         9, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 2098 on May 21, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2098 was passed by the Senate, with
         amendments, on May 17, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor