CHAPTER 392 HB. No. 42
1 AN ACT
2 relating to venue in the prosecution of the offenses of escape and
3 unauthorized absence.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Chapter 13, Code of Criminal Procedure, is
6 amended by adding Article 13.28 to read as follows:
7 Art. 13.28. ESCAPE; UNAUTHORIZED ABSENCE. An offense of
8 escape under Section 38.06, Penal Code, or unauthorized absence
9 under Section 38.113, Penal Code, may be prosecuted in:
10 (1) the county in which the offense of escape or
11 unauthorized absence was committed; or
12 (2) the county in which the defendant committed the
13 offense for which the defendant was placed in custody, detained, or
14 required to submit to treatment.
15 SECTION 2. The change in law made by this Act applies only
16 to an offense committed on or after the effective date of this Act.
17 An offense committed before the effective date of this Act is
18 covered by the law in effect when the offense was committed, and the
19 former law is continued in effect for that purpose. For purposes of
20 this section, an offense was committed before the effective date of
21 this Act if any element of the offense occurred before that date.
22 SECTION 3. This Act takes effect September i, 2003.