By Morrison, Shields, et al. H.B. No. 2098
77R7684 GWK-F
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 20.02(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; or
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[, in which event it is a felony of the third
1-19 degree].
1-20 SECTION 2. (a) The change in law made by this Act applies
1-21 only to an offense committed on or after the effective date of this
1-22 Act. For purposes of this section, an offense is committed before
1-23 the effective date of this Act if any element of the offense occurs
1-24 before the effective date.
2-1 (b) An offense committed before the effective date of this
2-2 Act is covered by the law in effect when the offense was committed,
2-3 and the former law is continued in effect for that purpose.
2-4 SECTION 3. This Act takes effect September 1, 2001.