82R2961 GCB-F

By: Hunter H.B. No. 696

A BILL TO BE ENTITLED

AN ACT

relating to the offense of escape from custody by a person lawfully

detained.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 38.06(a) and (c), Penal Code, are

amended to read as follows:

(a) A person commits an offense if the person [he] escapes

from custody when the person [he] is:

(1) under arrest for, lawfully detained for, charged

with, or convicted of an offense;

(2) in custody pursuant to a lawful order of a court;

(3) detained in a secure detention facility, as that

term is defined by Section 51.02, Family Code; or

(4) in the custody of a juvenile probation officer for

violating an order imposed by the juvenile court under Section

52.01, Family Code.

(c) An offense under this section is a felony of the third

degree if the actor:

(1) is under arrest for, lawfully detained for,

charged with, or convicted of a felony;

(2) is confined in a secure correctional facility; or

(3) is committed to a secure correctional facility, as

defined by Section 51.02, Family Code, other than a halfway house,

operated by or under contract with the Texas Youth Commission.

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 was committed before that

date.

SECTION 3. This Act takes effect September 1, 2011.