H.B. 42 78(R)    BILL ANALYSIS


H.B. 42
By: Chisum
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently the offense of escape or unauthorized absence must be prosecuted
in the county in which the offense was committed (Chapter 13, Code of
Criminal Procedure, Article 13.18).  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 (at a
potentially great expense) to be prosecuted.  This bill will allow an
escaped prisoner to be prosecuted either in the county in which the
offense (escape) was committed or in the county in which the prisoner
committed the crime for which he or she was jailed. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.

An offense of escape under Section 38.06, Penal Code, or unauthorized
absence allows the county in which the offense of escape or the county in
which the defendant committed the offense for which the defendant was
placed in custody, detained, or required to submit to treatment to
prosecute the individual. 

SECTION 2.

This Act applies only to an offense committed on or after the effective
date. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.