BILL ANALYSIS


                                                     C.S.S.B. 281
                                                        By: Brown
                                                 Criminal Justice
                                                          3-15-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, evading arrest is a Class B misdemeanor.  During the
past year, numerous cases were reported in which innocent persons
lost their lives because of high speed chases in an attempt to
evade law enforcement.  No provision exists to address the death or
serious bodily injury of an innocent citizen killed or injured as
a result of a suspect's attempt to evade law enforcement officers.

PURPOSE

As proposed, C.S.S.B. 281 creates offenses and provides punishment
for attempting to evade apprehension from a peace officer.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

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

     (b)  Provides that an offense under this section is a Class B
     misdemeanor, except if the actor uses a vehicle while in
     flight, the actor commits a third degree felony; if a person
     suffers bodily injury from any cause other than assault by the
     actor as a direct result of attempting to evade apprehension,
     the actor commits a second degree felony; and if another
     person suffers serious bodily injury or death from any cause
     other than assault or homicide by the actor as a result of
     attempting to evade apprehension, the actor commits a first
     degree felony.
     
     (c)  Defines "vehicle."
     
     (d)  Provides that a person who is subject to prosecution
     under both this section and another law may be prosecuted
     under either or both this section and the other law.
     
     SECTION 2.  Amends Article 59.01(2), Code of Criminal Procedure, to
define "contraband."

SECTION 3.  Amends Section 24(a), Article 6687b, V.T.C.S., as
follows:

     (a)  Requires the license of any person to be automatically
     suspended upon final conviction of certain offenses.
       SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1995.

SECTION 6.  Emergency clause.