BILL ANALYSIS
Senate Research Center C.S.H.B. 2104
By: Delisi (Nelson)
Committee Report (Substituted)
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
Current law provides for an offense if a person hinders the arrest of another person who has committed an offense. There is a loophole in the Penal Code, however, that allows a person to help certain people avoid arrest without punishment. Probation violation is not considered an offense, and therefore someone cannot be prosecuted for helping a probation violator avoid arrest. Also, current law permits hindering the arrest of a juvenile offender for a misdemeanor.
C.S.H.B. 2104 closes these loopholes and allows for the prosecution of a person who assists someone under the authority of a warrant or capias.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 38.05(a), Penal Code, to provide that a person commits an offense if the person, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, rather than a penal law of the grade of felony, or with intent to hinder the arrest of another other the authority of a warrant or capias, performs certain actions to conceal, aid in the escape of, or warn the other person.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2005.