1-1 By: Morrison, Hopson, Menendez, et al. H.B. No. 2098
1-2 (Senate Sponsor - Armbrister)
1-3 (In the Senate - Received from the House May 10, 2001;
1-4 May 10, 2001, read first time and referred to Committee on Criminal
1-5 Justice; May 11, 2001, reported favorably by the following vote:
1-6 Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the punishment for the offense of unlawful restraint.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 20.02(c), Penal Code, is amended to read
1-12 as follows:
1-13 (c) An offense under this section is a Class A misdemeanor,
1-14 except that the offense is [unless]:
1-15 (1) a state jail felony if the person restrained was a
1-16 child younger than 17 years of age[, in which event the offense is
1-17 a state jail felony]; or
1-18 (2) a felony of the third degree if:
1-19 (A) the actor recklessly exposes the victim to a
1-20 substantial risk of serious bodily injury; or
1-21 (B) the actor restrains an individual the actor
1-22 knows is a public servant while the public servant is lawfully
1-23 discharging an official duty or in retaliation or on account of an
1-24 exercise of official power or performance of an official duty as a
1-25 public servant[, in which event it is a felony of the third
1-26 degree].
1-27 SECTION 2. (a) The change in law made by this Act applies
1-28 only to an offense committed on or after the effective date of this
1-29 Act. For purposes of this section, an offense is committed before
1-30 the effective date of this Act if any element of the offense occurs
1-31 before the effective date.
1-32 (b) An offense committed before the effective date of this
1-33 Act is covered by the law in effect when the offense was committed,
1-34 and the former law is continued in effect for that purpose.
1-35 SECTION 3. This Act takes effect September 1, 2001.
1-36 * * * * *