78R583 ATP-D

By:  Duncan                                                       S.B. No. 958



A BILL TO BE ENTITLED

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.