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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a defense to prosecution for the offense of |
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resisting arrest, search, or transportation or the offenses of |
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escape or permitting or facilitating escape. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.03(b), Penal Code, is amended to read |
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as follows: |
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(b) It is a [no] defense to prosecution under this section |
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that the arrest or search was unlawful. |
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SECTION 2. Section 38.08, Penal Code, is amended to read as |
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follows: |
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Sec. 38.08. EFFECT OF UNLAWFUL CUSTODY. It is a [no] |
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defense to prosecution under Section 38.06 or 38.07 that the |
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custody was unlawful. |
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SECTION 3. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |