H.B. No. 2104




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.  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 3.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2104 was passed by the House on April 
6, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 2104 on May 27, 2005, by a non-record 
vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 2104 was passed by the Senate, with 
amendments, on May 25, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor