By: Brown, Gallegos S.B. No. 281
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment for the offense of evading arrest or
1-2 detention and certain civil consequences of using a vehicle to
1-3 evade arrest or detention.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 38.04, Penal Code, is amended by amending
1-6 Subsection (b) and by adding Subsections (c) and (d) to read as
1-7 follows:
1-8 (b) An offense under this section is a Class B misdemeanor,
1-9 except that the offense is:
1-10 (1)(A) a Class A misdemeanor <felony of the third
1-11 degree> if the actor uses a vehicle while the actor is in flight
1-12 and it is the actor's first offense under this section; or
1-13 (B) a state jail felony if the actor uses a
1-14 vehicle while the actor is in flight and it is the actor's second
1-15 or subsequent offense under this section;
1-16 (2) a felony of the second degree if another <a peace
1-17 officer> suffers serious bodily injury <or death from any cause
1-18 other than an assault or homicide by the actor> as a direct result
1-19 of an attempt by the officer from whom the actor is fleeing to
1-20 apprehend the actor while the actor is in flight; or
1-21 (3) a felony of the first degree if another suffers
1-22 death as a direct result of an attempt by the officer from whom the
1-23 actor is fleeing to apprehend the actor while the actor is in
1-24 flight.
2-1 (c) In this section, "vehicle" has the meaning assigned by
2-2 Section 2, Uniform Act Regulating Traffic on Highways (Article
2-3 6701d, Vernon's Texas Civil Statutes).
2-4 (d) A person who is subject to prosecution under both this
2-5 section and another law may be prosecuted under either or both this
2-6 section and the other law.
2-7 SECTION 2. Subdivision (2), Article 59.01, Code of Criminal
2-8 Procedure, as amended by Chapters 761 and 828, Acts of the 73rd
2-9 Legislature, 1993, is amended to read as follows:
2-10 (2) "Contraband" means property of any nature,
2-11 including real, personal, tangible, or intangible, that is:
2-12 (A) used in the commission of:
2-13 (i) any first or second degree felony
2-14 under the Penal Code;
2-15 (ii) any felony under Section 38.04 or
2-16 Chapters 29, 30, 31, or 32, Penal Code; or
2-17 (iii) any felony under The Securities Act
2-18 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
2-19 (B) used or intended to be used in the
2-20 commission of:
2-21 (i) any felony under Chapter 481, Health
2-22 and Safety Code (Texas Controlled Substances Act);
2-23 (ii) any felony under Chapter 483, Health
2-24 and Safety Code;
2-25 (iii) a felony under Article 350, Revised
2-26 Statutes; <or>
2-27 (iv) any felony under Chapter 34, Penal
3-1 Code; <or>
3-2 (v) <(iv)> a Class A misdemeanor under
3-3 Subchapter B, Chapter 365, Health and Safety Code, if the defendant
3-4 has been previously convicted twice of an offense under that
3-5 subchapter; or
3-6 (vi) <(v)> any felony under The Sale of
3-7 Checks Act (Article 489d, Vernon's Texas Civil Statutes);
3-8 (C) the proceeds gained from the commission of a
3-9 felony listed in Paragraph (A) or (B) of this subdivision or a
3-10 crime of violence; or
3-11 (D) acquired with proceeds gained from the
3-12 commission of a felony listed in Paragraph (A) or (B) of this
3-13 subdivision or a crime of violence.
3-14 SECTION 3. Subsection (a), Section 24, Chapter 173, Acts of
3-15 the 47th Legislature, Regular Session, 1941 (Article 6687b,
3-16 Vernon's Texas Civil Statutes), is amended to read as follows:
3-17 (a) Except as provided by Subsection (g) of this Section,
3-18 the license of any person shall be automatically suspended upon
3-19 final conviction of:
3-20 (1) an offense under Section 19.05 <19.07>, Penal
3-21 Code, committed as a result of the person's criminally negligent
3-22 operation of a motor vehicle;
3-23 (2) an offense under Section 49.04 or 49.08
3-24 <19.05(a)(2)>, Penal Code;
3-25 (3) an offense under Section 49.07, Penal Code
3-26 <Article 6701l-1, Revised Statutes>, if the person used a motor
3-27 vehicle in the commission of the offense <committed as a result of
4-1 the introduction of alcohol into the body>;
4-2 (4) an offense punishable as a felony under the motor
4-3 vehicle laws of this State;
4-4 (5) an offense under Section 38, Uniform Act
4-5 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
4-6 Statutes); <or>
4-7 (6) an offense under Section 32 or 32A of this Act; or
4-8 (7) an offense under Section 38.04, Penal Code, if the
4-9 actor used a motor vehicle in the commission of the offense.
4-10 SECTION 4. (a) The change in law made by this Act applies
4-11 only to an offense committed on or after the effective date of this
4-12 Act. For purposes of this section, an offense is committed before
4-13 the effective date of this Act if any element of the offense occurs
4-14 before the effective date.
4-15 (b) An offense committed before the effective date of this
4-16 Act is covered by the law in effect when the offense was committed,
4-17 and the former law is continued in effect for that purpose.
4-18 SECTION 5. This Act takes effect September 1, 1995.
4-19 SECTION 6. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.