SRC-AMY H.B. 42 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 42
78R583 ATP-DBy: Chisum (Duncan)
Criminal Justice
5/10/2003
Engrossed


DIGEST AND PURPOSE 

Currently, Texas law requires an offense of escape or unauthorized absence
to be prosecuted in the county in which the offense was committed.  This
means that if a prisoner escapes from a jail in one county and returns to
another county in which the prisoner committed the crime for which he or
she was jailed, the prisoner must be returned to the county from which he
or she escaped to be prosecuted for the escape.  H.B. 42 authorizes an
escape offense to be prosecuted in the county in which the offense of
escape or unauthorized absence was committed, or in the county in which
the defendant committed the offense for which the defendant was placed in
custody, detained, or required to submit to treatment. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 13, Code of Criminal Procedure, by adding
Article 13.28, as follows: 

Art. 13.28.  ESCAPE; UNAUTHORIZED ABSENCE.  Authorizes an offense of
escape under Section 38.06 (Escape), Penal Code, or unauthorized absence
under Section 38.113 (Unauthorized Absence From Community Corrections
Facility, County Correctional Center, or Assignment Site), Penal Code, to
be prosecuted in the county in which the offense of escape or unauthorized
absence was committed, or in the county in which the defendant committed
the offense for which the defendant was placed in custody, detained, or
required to submit to treatment. 

SECTION 2.  Makes application of this Act prospective. Provides that for
the purposes of this section, an offense was committed before this Act's
effective date if any element of the offense occurred before that date. 

SECTION 3.  Effective date:  September 1, 2003.