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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 77(R)

HOUSE BILL 2798  

HOUSE AUTHOR: Menendez et al.

EFFECTIVE: 09-01-01         

SENATE SPONSOR: Staples

House Bill 2798 amends the Code of Criminal Procedure to add to the definition of "victim," in provisions relating to restitution liens, an individual who suffers damages as a result of a person evading arrest or detention using a motor vehicle. The bill also provides that the state has a restitution lien to secure the amount of damages incurred by the state as a result of an offense in which the defendant used a motor vehicle while in flight. The bill amends the Penal Code to increase the penalty for the offense of evading arrest or detention from a Class A misdemeanor to a state jail felony if a defendant used a vehicle while committing the offense. It increases the penalty from a state jail felony to a third degree felony if the defendant used a vehicle while committing the offense and is a repeat offender.