By Nixon, Allen                                       H.B. No. 1253
       74R5839 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 and certain civil consequences of using a vehicle to
    1-4  evade arrest or detention.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 38.04, Penal Code, is amended by amending
    1-7  Subsection (b) and adding Subsection (c) to read as follows:
    1-8        (b)  An offense under this section is a Class B misdemeanor,
    1-9  except that the offense is a felony of the:
   1-10              (1)  third degree if the actor uses a vehicle while the
   1-11  actor is in flight;
   1-12              (2)  second degree if another <a peace officer> suffers
   1-13  <serious> bodily injury <or death> from any cause other than an
   1-14  assault <or homicide> by the actor as a direct result of an attempt
   1-15  by the officer to apprehend the actor while the actor is in flight;
   1-16  or
   1-17              (3)  first degree if another suffers serious bodily
   1-18  injury or death from any cause other than an assault or homicide by
   1-19  the actor as a direct result of an attempt by the officer to
   1-20  apprehend the actor while the actor is in flight.
   1-21        (c)  In this section, "vehicle" has the meaning assigned by
   1-22  Section 2, Uniform Act Regulating Traffic on Highways (Article
   1-23  6701d, Vernon's Texas Civil Statutes).
   1-24        SECTION 2.  Article 42.01, Code of Criminal Procedure, is
    2-1  amended by adding Section 8 to read as follows:
    2-2        Sec. 8.  In addition to the information described by Section
    2-3  1, the judgment should reflect affirmative findings entered
    2-4  pursuant to Article 42.016.
    2-5        SECTION 3.  Chapter 42, Code of Criminal Procedure, is
    2-6  amended by adding Article 42.016 to read as follows:
    2-7        Art. 42.016.  FINDINGS RELATED TO EVADING ARREST.  In the
    2-8  trial of an offense under Section 38.04, Penal Code, the court
    2-9  shall make an affirmative finding of fact and enter the affirmative
   2-10  finding in the judgment in the case if the court determines that
   2-11  the defendant at any time during the course of committing the
   2-12  offense used a vehicle while in flight.
   2-13        SECTION 4.  Subdivision (2), Article 59.01, Code of Criminal
   2-14  Procedure, as amended by Chapters 761 and 828, Acts of the 73rd
   2-15  Legislature, Regular Session, 1993, is amended to read as follows:
   2-16              (2)  "Contraband" means property of any nature,
   2-17  including real, personal, tangible, or intangible, that is:
   2-18                    (A)  used in the commission of:
   2-19                          (i)  any first or second degree felony
   2-20  under the Penal Code;
   2-21                          (ii)  any felony under Section 38.04 or
   2-22  Chapters 29, 30, 31, or 32, Penal Code; or
   2-23                          (iii)  any felony under The Securities Act
   2-24  (Article 581-1 et seq., Vernon's Texas Civil Statutes);
   2-25                    (B)  used or intended to be used in the
   2-26  commission of:
   2-27                          (i)  any felony under Chapter 481, Health
    3-1  and Safety Code (Texas Controlled Substances Act);
    3-2                          (ii)  any felony under Chapter 483, Health
    3-3  and Safety Code;
    3-4                          (iii)  a felony under Article 350, Revised
    3-5  Statutes; <or>
    3-6                          (iv)  any felony under Chapter 34, Penal
    3-7  Code; <or>
    3-8                          (v) <(iv)>  a Class A misdemeanor under
    3-9  Subchapter B, Chapter 365, Health and Safety Code, if the defendant
   3-10  has been previously convicted twice of an offense under that
   3-11  subchapter; or
   3-12                          (vi) <(v)>  any felony under The Sale of
   3-13  Checks Act (Article 489d, Vernon's Texas Civil Statutes);
   3-14                    (C)  the proceeds gained from the commission of a
   3-15  felony listed in Paragraph (A) or (B) of this subdivision or a
   3-16  crime of violence; or
   3-17                    (D)  acquired with proceeds gained from the
   3-18  commission of a felony listed in Paragraph (A) or (B) of this
   3-19  subdivision or a crime of violence.
   3-20        SECTION 5.  Chapter 173, Acts of the 47th Legislature,
   3-21  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
   3-22  Statutes), is amended by adding Section 24C to read as follows:
   3-23        Sec. 24C.  AUTOMATIC SUSPENSION FOR EVADING ARREST; LICENSE
   3-24  DENIAL.  (a)  A person's driver's license is automatically
   3-25  suspended on conviction of:
   3-26              (1)  an offense punished under Section 38.04(b)(1),
   3-27  Penal Code; or
    4-1              (2)  an offense punished under Section 38.04(b)(2) or
    4-2  (3), Penal Code, but only if the judgment for the offense contains
    4-3  an affirmative finding under Article 42.016, Code of Criminal
    4-4  Procedure.
    4-5        (b)  The department may not issue a driver's license to a
    4-6  person convicted of an offense specified in Subsection (a) of this
    4-7  section who, on the date of the conviction, did not hold a driver's
    4-8  license.
    4-9        (c)  The period of suspension under this section is the two
   4-10  years after the date of a conviction, and the period of license
   4-11  denial is the two years after the date the person applies to the
   4-12  department for reinstatement or issuance of a driver's license.
   4-13        (d)  The department may not reinstate a driver's license
   4-14  suspended under Subsection (a) of this section unless the person
   4-15  whose license was suspended applies to the department for
   4-16  reinstatement.
   4-17        (e)  The department may not reinstate the driver's license of
   4-18  a person convicted of an offense specified by Subsection (a) of
   4-19  this section if the driver's license was under suspension on the
   4-20  date of the conviction.
   4-21        (f)  A person whose license is suspended under Subsection (a)
   4-22  of this section remains eligible to receive an occupational license
   4-23  under Section 23A of this Act.
   4-24        (g)  For the purposes of Subsection (a), a person is
   4-25  convicted of an offense regardless of whether sentence is imposed
   4-26  or the person is placed on community supervision for the offense
   4-27  under Article 42.12, Code of Criminal Procedure.
    5-1        SECTION 6.  (a)  The change in law made by this Act applies
    5-2  only to an offense committed on or after the effective date of this
    5-3  Act.  For purposes of this section, an offense is committed before
    5-4  the effective date of this Act if any element of the offense occurs
    5-5  before the effective date.
    5-6        (b)  An offense committed before the effective date of this
    5-7  Act is covered by the law in effect when the offense was committed,
    5-8  and the former law is continued in effect for that purpose.
    5-9        SECTION 7.  This Act takes effect September 1, 1995.
   5-10        SECTION 8.  The importance of this legislation and the
   5-11  crowded condition of the calendars in both houses create an
   5-12  emergency and an imperative public necessity that the
   5-13  constitutional rule requiring bills to be read on three several
   5-14  days in each house be suspended, and this rule is hereby suspended.