BILL ANALYSIS



C.S.S.B. 281
By: Brown (Nixon)
04-28-95
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.S.B. 281 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 of the substitute amends Section 38.04(b), Penal Code, by
classifying as a third degree felony an offense under this section
if another person suffers serious bodily injury, while the original
classifies the same offense as a second degree felony.  The
substitute classifies an offense under this section as a second
degree felony if another person suffers death as a direct result,
while the original classifies the same offense as a first degree
felony.

SUMMARY OF COMMITTEE ACTION

SB 281 was considered by the full committee in a formal meeting on
April 28, 1995.  A complete committee substitute was considered.
The substitute was adopted with no objection.  SB 281 was reported
favorably as substituted, with the recommendation that it do pass
and be printed, by a record vote  7 ayes, 0 nays, 0 pnv, and 2
absent.