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                                  * * * * *