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.