BILL ANALYSIS



C.S.H.B. 1253
By: Nixon
04-19-95
Committee Report (Substituted)


BACKGROUND


During the past year, there have been numerous incidents stemming
from high speed chases in which innocent citizens have lost their
lives.  Suspects, in an attempt to evade law enforcement officers
from apprehending them, have struck and killed innocent persons or
if the suspect did not strike the person, their reckless actions
caused the accident which claimed the lives.  The current law
classifies evading arrest as a Class B misdemeanor.  The current
statute does not address the death or serious bodily injury of an
innocent citizen killed or injured as a result of the suspect's
evasive actions.

PURPOSE

If enacted, C.S.H.B. 1253 would reclassify the offense of evading
arrest in a motor vehicle as a Class A misdemeanor, a state jail
felony, or a third degree or second degree felony depending on the
circumstances.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 38.04, Penal Code (EVADING ARREST OR
DETENTION), by amending Subsection (b) and adding Subsections (c)
and (d) as follows:

     (b) classifies an offense under this section as a Class B
     misdemeanor, except in the following circumstances:

           (1) a Class A misdemeanor if the actor uses a vehicle
           while in flight and has not been previously convicted
           under this section;

           (2) a state jail felony if the actor uses a vehicle
           while in flight and has been previously convicted under
           this section;

           (3) a third degree felony if another suffers serious
           bodily injury as a direct result of an attempt by the
           officer from whom the actor is fleeing to apprehend the
           actor while the actor is in flight; or

           (4) a second degree felony if another suffers death as
           a direct result of the officer's attempt to apprehend
           the actor while in flight.

     (c) assigns the common definition to "vehicle."

     (d) allows a person who is subject to prosecution under both
     this section and another law to be prosecuted under either or
     both this section and the other law.

SECTION 2.  Amends Article 59.01, Subdivision (2), Code of Criminal
Procedure (DEFINITIONS), by adding Section 38.04 to those Penal
Code sections included under this section.

SECTION 3.  Amends Section 24(a), Chapter 173, Acts of the 47th
Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
Civil Statutes), as follows:

     (a) automatically suspends a person's driver's license on
     final conviction of:

           (1) an offense under Section 19.05, Penal Code;

           (2) an offense under Section 49.04 or 49.08, Penal Code;

           (3) an offense under Section 49.07, Penal Code, if the
           person used a motor vehicle in the commission of the
           offense; or

           (7) an offense under Section 38.04, Penal Code, if the
           actor used a motor vehicle in the commission of the
           offense.

SECTION 4.

     (a) Change in law made by this Act applies only to an offense
     committed on or after the effective date of the Act.

     (b) Makes effect of the Act prospective.

SECTION 5.  Effective date:  September 1, 1995.

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 (substitute).  Amends Section 38.04, Penal Code, as
follows:

(b)  (1) offense is a Class A misdemeanor (as opposed to a third
     degree felony) if the actor uses a vehicle while in flight and
     has not been previously convicted under this section;

     (2) a state jail felony if the actor uses a vehicle while in
     flight and has been previously convicted under this section;

     (3) a third degree felony is another suffers serious bodily
     injury; or

     (4) a second degree felony if another suffers death.

(d)  allows a person who is subject to prosecution under both this
     section and another law to be prosecuted under either or both
     this section and the other law.

SECTION 2 (amending Article 42.01, Code of Criminal Procedure) and
SECTION 3 (amending Chapter 42, Code of Criminal Procedure) of
original bill deleted.

SECTION 3 (substitute).  Amends Section 24(a), Chapter 173, Acts of
the 47th Legislature, as follows:

(a)  provides for automatic suspension of person's license upon
     final conviction of:

     (1) offense under Section 19.05, Penal Code;

     (2) offense under Section 49.04 or 49.08, Penal Code;

     (3) offense under Section 49.07, Penal Code, if person used a
     motor vehicle in the commission of the offense;

     (7) offense under Section 38.04, Penal Code, if person used a
     motor vehicle in the commission of the offense.

SUMMARY OF COMMITTEE ACTION

HB 1253 was considered by the full committee in a public hearing on
April 19, 1995.  The following persons testified in favor of the
bill:

     Lt. John Silva, representing the City of Houston and the
     Houston Police Dept.;
     Mark Clark, representing CLEAT;
     Yolanda Romero Mendoza, representing the Romero/Madrid family;
     Oscar Madrid, representing the Madrid/Romero family; and
     Bill Lewis, representing Mothers Against Drunk Driving (MADD).

The committee considered a substitute to the bill.  HB 1253 was
reported favorably as substituted, with the recommendaton that it
do pass and be printed by a record vote of 5 ayes, 0 nays, 0 pnv,
and 4 absent.