By: Brown 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 adding Subsection (c) to read as follows:
1-7 (b) An offense under this section is a Class B misdemeanor,
1-8 except that the offense is a felony of the:
1-9 (1) third degree if the actor uses a vehicle while the
1-10 actor is in flight;
1-11 (2) second degree if another <a peace officer> suffers
1-12 <serious> bodily injury <or death> from any cause other than an
1-13 assault <or homicide> by the actor as a direct result of an attempt
1-14 by the officer to apprehend the actor while the actor is in flight;
1-15 or
1-16 (3) first degree if another suffers serious bodily
1-17 injury or death from any cause other than an assault or homicide by
1-18 the actor as a direct result of an attempt by the officer to
1-19 apprehend the actor while the actor is in flight.
1-20 (c) In this section, "vehicle" has the meaning assigned by
1-21 Section 2, Uniform Act Regulating Traffic on Highways (Article
1-22 6701d, Vernon's Texas Civil Statutes).
1-23 SECTION 2. Article 42.01, Code of Criminal Procedure, is
1-24 amended by adding Section 8 to read as follows:
2-1 Sec. 8. In addition to the information described by Section
2-2 1, the judgment should reflect affirmative findings entered
2-3 pursuant to Article 42.016.
2-4 SECTION 3. Chapter 42, Code of Criminal Procedure, is
2-5 amended by adding Article 42.016 to read as follows:
2-6 Art. 42.016. FINDINGS RELATED TO EVADING ARREST. In the
2-7 trial of an offense under Section 38.04, Penal Code, the court
2-8 shall make an affirmative finding of fact and enter the affirmative
2-9 finding in the judgment in the case if the court determines that
2-10 the defendant at any time during the course of committing the
2-11 offense used a vehicle while in flight.
2-12 SECTION 4. Subdivision (2), Article 59.01, Code of Criminal
2-13 Procedure, as amended by Chapters 761 and 828, Acts of the 73rd
2-14 Legislature, Regular Session, 1993, is amended to read as follows:
2-15 (2) "Contraband" means property of any nature,
2-16 including real, personal, tangible, or intangible, that is:
2-17 (A) used in the commission of:
2-18 (i) any first or second degree felony
2-19 under the Penal Code;
2-20 (ii) any felony under Section 38.04 or
2-21 Chapters 29, 30, 31, or 32, Penal Code; or
2-22 (iii) any felony under The Securities Act
2-23 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
2-24 (B) used or intended to be used in the
2-25 commission of:
2-26 (i) any felony under Chapter 481, Health
2-27 and Safety Code (Texas Controlled Substances Act);
3-1 (ii) any felony under Chapter 483, Health
3-2 and Safety Code;
3-3 (iii) a felony under Article 350, Revised
3-4 Statutes; <or>
3-5 (iv) any felony under Chapter 34, Penal
3-6 Code; <or>
3-7 (v) <(iv)> a Class A misdemeanor under
3-8 Subchapter B, Chapter 365, Health and Safety Code, if the defendant
3-9 has been previously convicted twice of an offense under that
3-10 subchapter; or
3-11 (vi) <(v)> any felony under The Sale of
3-12 Checks Act (Article 489d, Vernon's Texas Civil Statutes);
3-13 (C) the proceeds gained from the commission of a
3-14 felony listed in Paragraph (A) or (B) of this subdivision or a
3-15 crime of violence; or
3-16 (D) acquired with proceeds gained from the
3-17 commission of a felony listed in Paragraph (A) or (B) of this
3-18 subdivision or a crime of violence.
3-19 SECTION 5. Chapter 173, Acts of the 47th Legislature,
3-20 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
3-21 Statutes), is amended by adding Section 24C to read as follows:
3-22 Sec. 24C. AUTOMATIC SUSPENSION FOR EVADING ARREST; LICENSE
3-23 DENIAL. (a) A person's driver's license is automatically
3-24 suspended on conviction of:
3-25 (1) an offense punished under Section 38.04(b)(1),
3-26 Penal Code; or
3-27 (2) an offense punished under Section 38.04(b)(2) or
4-1 (3), Penal Code, but only if the judgment for the offense contains
4-2 an affirmative finding under Article 42.016, Code of Criminal
4-3 Procedure.
4-4 (b) The department may not issue a driver's license to a
4-5 person convicted of an offense specified in Subsection (a) of this
4-6 section who, on the date of the conviction, did not hold a driver's
4-7 license.
4-8 (c) The period of suspension under this section is the two
4-9 years after the date of conviction, and the period of license
4-10 denial is the two years after the date the person applies to the
4-11 department for reinstatement or issuance of a driver's license.
4-12 (d) The department may not reinstate a driver's license
4-13 suspended under Subsection (a) of this section unless the person
4-14 whose license was suspended applies to the department for
4-15 reinstatement.
4-16 (e) The department may not reinstate the driver's license of
4-17 a person convicted of an offense specified by Subsection (a) of
4-18 this section if the driver's license was under suspension on the
4-19 date of the conviction.
4-20 (f) A person whose license is suspended under Subsection (a)
4-21 of this section remains eligible to receive an occupational license
4-22 under Section 23A of this Act.
4-23 (g) For the purposes of Subsection (a), a person is
4-24 convicted of an offense regardless of whether sentence is imposed
4-25 or the person is placed on community supervision for the offense
4-26 under Article 42.12, Code of Criminal Procedure.
4-27 SECTION 6. (a) The change in law made by this Act applies
5-1 only to an offense committed on or after the effective date of this
5-2 Act. For purposes of this section, an offense is committed before
5-3 the effective date of this Act if any element of the offense occurs
5-4 before the effective date.
5-5 (b) An offense committed before the effective date of this
5-6 Act is covered by the law in effect when the offense was committed,
5-7 and the former law is continued in effect for that purpose.
5-8 SECTION 7. This Act takes effect September 1, 1995.
5-9 SECTION 8. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.