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.