H.B. No. 42




AN ACT



relating to venue in the prosecution of the offenses
of escape and unauthorized absence.


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


	SECTION 1.  Chapter 13, Code of Criminal Procedure,
is amended by adding Article 13.28 to read as follows:


	Art. 13.28.  ESCAPE; UNAUTHORIZED ABSENCE. An offense
of escape under Section 38.06, Penal Code, or unauthorized
absence under Section 38.113, Penal Code, may be prosecuted
in:


		(1)  the county in which the offense of escape or
unauthorized absence was committed; or


		(2)  the county in which the defendant committed
the offense for which the defendant was placed in custody,
detained, or required to submit to treatment.


	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
occurred before that date.


	SECTION 3.  This Act takes effect September 1, 2003.
______________________________ ______________________________ 

   President of the Senate		Speaker of the House

I certify that H.B. No. 42 was passed by the House on April 1, 2003, by a non-record vote.

______________________________

Chief Clerk of the House

I certify that H.B. No. 42 was passed by the Senate on May 28, 2003, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor