S.B. No. 844
 
 
 
 
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.  Subsections (a) and (c), Section 38.06, 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, charged with, or convicted of
  a felony;
               (2)  is confined or lawfully detained in a secure
  correctional facility or law enforcement facility; or
               (3)  is committed to or lawfully detained in 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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 844 passed the Senate on
  April 14, 2011, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 27, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 844 passed the House, with
  amendment, on May 25, 2011, by the following vote: Yeas 147,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor