1-1 By: Bernsen S.B. No. 1271
1-2 (In the Senate - Filed March 7, 2001; March 12, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 23, 2001, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 23, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the punishment for escape committed by certain
1-9 juveniles detained in a secure detention facility or a secure
1-10 correctional facility operated by or under contract with a juvenile
1-11 board.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (c), Section 38.06, Penal Code is
1-14 amended to read as follows:
1-15 (c) An offense under this section is a felony of the third
1-16 degree if the actor:
1-17 (1) is under arrest for, charged with, or convicted of
1-18 a felony;
1-19 (2) is confined in a secure correctional facility;
1-20 [or]
1-21 (3) is committed to a secure correctional facility, as
1-22 defined by Section 51.02, Family Code, other than a halfway house,
1-23 operated by or under contract with the Texas Youth Commission; or
1-24 (4) is detained in a secure detention facility or a
1-25 secure correctional facility as defined by Section 51.02, Family
1-26 Code, operated by or under contract with a juvenile board.
1-27 SECTION 2. (a) The change in law made by this Act applies
1-28 only to an offense committed or, for the purpose of Title 3, Family
1-29 Code, to conduct that occurs on or after the effective date of this
1-30 Act. For purposes of this section, an offense is committed on or
1-31 after the effective date of this Act if every element of the
1-32 offense occurs on or after that date, and conduct violating a penal
1-33 law of this state occurs on or after the effective date of this Act
1-34 if every element of the violation occurs on or after that date.
1-35 (b) An offense committed before the effective date of this
1-36 Act is covered by the law in effect when the offense was committed,
1-37 and the former law is continued in effect for that purpose.
1-38 Conduct that occurs before the effective date of this Act is
1-39 covered by the law in effect at the time the conduct occurred, and
1-40 the former law is continued in effect for that purpose.
1-41 SECTION 3. This Act takes effect September 1, 2001.
1-42 SECTION 4. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *