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A BILL TO BE ENTITLED
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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, lawfully detained for, |
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charged with, or convicted of a felony; |
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(2) is confined in a secure correctional facility; or |
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(3) is committed to a secure correctional facility, as |
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defined by Section 51.02, Family Code, other than a halfway house, |
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operated by or under contract with the 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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* * * * * |