By:  Bernsen                                          S.B. No. 1271
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for escape committed by certain
 1-3     juveniles detained in a secure detention facility or a secure
 1-4     correctional facility operated by or under contract with a juvenile
 1-5     board.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Subsection (c), Section 38.06, Penal Code, is
 1-8     amended to read as follows:
 1-9           (c)  An offense under this section is a felony of the third
1-10     degree if the actor:
1-11                 (1)  is under arrest for, charged with, or convicted of
1-12     a felony;
1-13                 (2)  is confined in a secure correctional facility;
1-14     [or]
1-15                 (3)  is committed to a secure correctional facility, as
1-16     defined by Section 51.02, Family Code, other than a halfway house,
1-17     operated by or under contract with the Texas Youth Commission; or
1-18                 (4)  is detained in a secure detention facility or a
1-19     secure correctional facility as defined by Section 51.02, Family
1-20     Code, operated by or under contract with a juvenile board.
1-21           SECTION 2.  (a)  The change in law made by this Act applies
1-22     only to an offense committed or, for the purpose of Title 3, Family
1-23     Code, to conduct that occurs on or after the effective date of this
1-24     Act.  For purposes of this section, an offense is committed on or
1-25     after the effective date of this Act if every element of the
 2-1     offense occurs on or after that date, and conduct violating a penal
 2-2     law of this state occurs on or after the effective date of this Act
 2-3     if every element of the violation occurs on or after that date.
 2-4           (b)  An offense committed before the effective date of this
 2-5     Act is covered by the law in effect when the offense was committed,
 2-6     and the former law is continued in effect for that purpose.
 2-7     Conduct that occurs before the effective date of this Act is
 2-8     covered by the law in effect at the time the conduct occurred, and
 2-9     the former law is continued in effect for that purpose.
2-10           SECTION 3.  This Act takes effect September 1, 2001.
2-11           SECTION 4.  The importance of this legislation and the
2-12     crowded condition of the calendars in both houses create an
2-13     emergency and an imperative public necessity that the
2-14     constitutional rule requiring bills to be read on three several
2-15     days in each house be suspended, and this rule is hereby suspended.