SRC-TAG S.B. 958 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 958
78R583 ATP-DBy: Duncan
Criminal Justice
4/7/2003
As Filed


DIGEST AND PURPOSE 

Currently, if an individual is placed in a correctional facility and
escapes or has an unauthorized absence, only the county in which the
correctional facility resides may prosecute the individual for that
offense of escape or unauthorized absence.  As proposed, S.B. 958 allows
the placing county to prosecute escapees placed in another county for an
offense originally committed in the placing county. 

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 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.

SECTION 3.  Effective date: September 1, 2003.