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AN ACT
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relating to the offense of escape from custody by a person lawfully |
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detained. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (c), Section 38.06, Penal |
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Code, are amended to read as follows: |
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(a) A person commits an offense if the person [he] escapes |
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from custody when the person [he] is: |
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(1) under arrest for, lawfully detained for, charged |
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with, or convicted of an offense; |
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(2) in custody pursuant to a lawful order of a court; |
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(3) detained in a secure detention facility, as that |
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term is defined by Section 51.02, Family Code; or |
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(4) in the custody of a juvenile probation officer for |
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violating an order imposed by the juvenile court under Section |
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52.01, Family Code. |
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(c) An offense under this section is a felony of the third |
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degree if the actor: |
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(1) is under arrest for, charged with, or convicted of |
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a felony; |
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(2) is confined or lawfully detained in a secure |
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correctional facility or law enforcement facility; or |
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(3) is committed to or lawfully detained in a secure |
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correctional facility, as defined by Section 51.02, Family Code, |
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other than a halfway house, operated by or under contract with the |
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Texas Youth Commission. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 844 passed the Senate on |
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April 14, 2011, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 844 passed the House, with |
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amendment, on May 25, 2011, by the following vote: Yeas 147, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |