By Allen H.B. No. 442
74R3139 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of evading arrest or
1-3 detention.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 38.04(b), Penal Code, is amended to read
1-6 as follows:
1-7 (b) An offense under this section is a state jail felony
1-8 <Class B misdemeanor>, except that <the offense is a felony of the
1-9 third degree> if <a peace officer suffers serious bodily injury or
1-10 death from any cause other than an assault or homicide by the
1-11 actor> as a direct result of an attempt by the peace officer to
1-12 apprehend the actor while the actor is in flight, from any cause
1-13 other than an assault or homicide by the actor, another suffers:
1-14 (1) bodily injury, the offense is a felony of the
1-15 third degree; or
1-16 (2) serious bodily injury or death, the offense is a
1-17 felony of the second degree.
1-18 SECTION 2. (a) The change in law made by this Act applies
1-19 only to an offense committed on or after the effective date of this
1-20 Act. For purposes of this section, an offense is committed before
1-21 the effective date of this Act if any element of the offense occurs
1-22 before the effective date.
1-23 (b) An offense committed before the effective date of this
1-24 Act is covered by the law in effect when the offense was committed,
2-1 and the former law is continued in effect for that purpose.
2-2 SECTION 3. This Act takes effect September 1, 1995.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.