H.B. No. 42 




AN ACT
relating to venue in the prosecution of the offenses of escape and unauthorized absence. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 13, Code of Criminal Procedure, is amended by adding Article 13.28 to read as follows: Art. 13.28. ESCAPE; UNAUTHORIZED ABSENCE. An offense of escape under Section 38.06, Penal Code, or unauthorized absence under Section 38.113, Penal Code, may be prosecuted in: (1) the county in which the offense of escape or unauthorized absence was committed; or (2) 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. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 3. This Act takes effect September 1, 2003. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 42 was passed by the House on April 1, 2003, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 42 was passed by the Senate on May 28, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor