By:  Delisi                                                       H.B. No. 2104



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of hindering 
apprehension or prosecution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 38.05(a), Penal Code, is amended to read 
as follows:     
	(a)  A person commits an offense if, with intent to hinder 
the arrest, prosecution, conviction, or punishment of another for 
an offense or, 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, or with intent to 
hinder the arrest of another under the authority of a warrant or 
capias [grade of felony], he:
		(1)  harbors or conceals the other;                                           
		(2)  provides or aids in providing the other with any 
means of avoiding arrest or effecting escape; or
		(3)  warns the other of impending discovery or 
apprehension.                
	SECTION 2.  Section 38.05, Penal Code, is amended by adding 
Subsection (a-1) to read as follows:
	(a-1)  It is an affirmative defense to prosecution under 
Subsection (a)(2) that:
		(1)  the person has contacted an appropriate law 
enforcement official to make arrangements to bring the suspect to 
the official or to a designated law enforcement agency;
		(2)  the person and the law enforcement official have 
agreed to the time and the manner in which the person is to bring the 
suspect to the official or designated agency; and
		(3)  the person's actions after contacting the law 
enforcement official indicate that the person is complying with the 
terms of the agreement described by Subdivision (2).
	SECTION 3.  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 is committed before the effective date of 
this Act if any element of the offense occurs before the effective 
date.
	SECTION 4.  This Act takes effect September 1, 2005.