HBA-JLV H.B. 2098 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2098
By: Morrison
Criminal Jurisprudence
7/10/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the Penal Code provided for the punishment
of unlawful restraint, but did not provide an increased penalty for those
who restrained a public servant. An increased penalty was necessary because
public servants working in the interests of the public were often subject
to increased hostility while discharging an official duty or to retaliation
as a result of an exercise of official power or performance of an official
duty. House Bill 2098 increases the punishment for unlawful restraint from
a Class A misdemeanor to a third degree felony if the individual unlawfully
restrained is a public servant. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2098 amends the Penal Code to provide that the offense of
unlawful restraint is a felony of the third degree if the actor restrains
an individual the actor knows is a public servant while the public servant
is lawfully discharging an official duty or in retaliation or on account of
an exercise of official power or performance of an official duty as a
public servant or the actor while in custody restrains any other person. 

EFFECTIVE DATE

September 1, 2001.