Text: HSB00529                          Text: HSB00531
Text: HSB00500 - HSB00599               Text: HSB Index
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House Study Bill 530

Bill Text

PAG LIN
  1  1    Section 1.  Section 719.4, subsections 1 and 2, Code
  1  2 Supplement 1999, are amended to read as follows:
  1  3    1.  A person convicted of a felony, or charged with or
  1  4 arrested for the commission of a felony, who intentionally
  1  5 escapes, or attempts to escape, from a detention facility,
  1  6 community-based correctional facility, or institution to which
  1  7 the person has been committed by reason of the conviction,
  1  8 charge, or arrest, or from the custody of any public officer,
  1  9 or public employee, or any other person to whom the person has
  1 10 been entrusted, commits a class "D" felony.
  1 11    2.  A person convicted of, charged with, or arrested for a
  1 12 misdemeanor, who intentionally escapes, or attempts to escape,
  1 13 from a detention facility, community-based correctional
  1 14 facility, or institution to which the person has been
  1 15 committed by reason of the conviction, charge, or arrest, or
  1 16 from the custody of any public officer, or public employee, or
  1 17 any other person to whom the person has been entrusted,
  1 18 commits a serious misdemeanor.
  1 19    Sec. 2.  Section 719.4, Code Supplement 1999, is amended by
  1 20 adding the following new subsection:
  1 21    NEW SUBSECTION.  5.  Except for subsection 4, an offense
  1 22 committed under this section includes any offense committed
  1 23 wholly outside the state.
  1 24    Sec. 3.  Section 803.1, subsection 1, Code 1999, is amended
  1 25 by adding the following new paragraph after paragraph c:
  1 26    NEW PARAGRAPH.  cc.  The offense is based upon a statute
  1 27 that specifically prohibits conduct wholly outside of the
  1 28 state.  
  1 29                           EXPLANATION
  1 30    This bill amends Code section 803.1 concerning the state's
  1 31 criminal jurisdiction.  The bill provides that a criminal
  1 32 offense committed outside the state may be prosecuted in this
  1 33 state if a statute specifically prohibits the conduct outside
  1 34 the state.
  1 35    Existing law generally permits the state to only prosecute
  2  1 an offender who committed an offense that occurred at least
  2  2 partly in this state.
  2  3    The bill also amends Code section 719.4 regarding the
  2  4 criminal offense of escape or absence from custody.  The bill
  2  5 provides that an escape or absence from custody that occurs
  2  6 outside the state may be prosecuted in this state.
  2  7    The bill further provides that an offender who escapes from
  2  8 the custody of any person to whom the offender has been
  2  9 entrusted, commits the offense of escape.  Under existing law
  2 10 a person commits escape if the person escapes from the custody
  2 11 of a public officer or employee.  
  2 12 LSB 5042HC 78
  2 13 jm/cls/14
     

Text: HSB00529                          Text: HSB00531
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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