1-1 By: Brown, Gallegos S.B. No. 281
1-2 (In the Senate - Filed January 23, 1995; January 24, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 15, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 1; March 15, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 281 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the punishment for the offense of evading arrest or
1-11 detention and certain civil consequences of using a vehicle to
1-12 evade arrest or detention.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 38.04, Penal Code, is amended by amending
1-15 Subsection (b) and by adding Subsections (c) and (d) to read as
1-16 follows:
1-17 (b) An offense under this section is a Class B misdemeanor,
1-18 except that the offense is a felony of the:
1-19 (1) third degree if the actor uses a vehicle while the
1-20 actor is in flight;
1-21 (2) second degree if another <a peace officer> suffers
1-22 serious bodily injury <or death> from any cause <other than an
1-23 assault or homicide by the actor> as a direct result of an attempt
1-24 by the officer to apprehend the actor while the actor is in flight;
1-25 or
1-26 (3) first degree if another suffers death from any
1-27 cause as a direct result of an attempt by the officer to apprehend
1-28 the actor while the actor is in flight.
1-29 (c) In this section, "vehicle" has the meaning assigned by
1-30 Section 2, Uniform Act Regulating Traffic on Highways (Article
1-31 6701d, Vernon's Texas Civil Statutes).
1-32 (d) A person who is subject to prosecution under both this
1-33 section and another law may be prosecuted under either or both this
1-34 section and the other law.
1-35 SECTION 2. Subdivision (2), Article 59.01, Code of Criminal
1-36 Procedure, as amended by Chapters 761 and 828, Acts of the 73rd
1-37 Legislature, 1993, is amended to read as follows:
1-38 (2) "Contraband" means property of any nature,
1-39 including real, personal, tangible, or intangible, that is:
1-40 (A) used in the commission of:
1-41 (i) any first or second degree felony
1-42 under the Penal Code;
1-43 (ii) any felony under Section 38.04 or
1-44 Chapters 29, 30, 31, or 32, Penal Code; or
1-45 (iii) any felony under The Securities Act
1-46 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
1-47 (B) used or intended to be used in the
1-48 commission of:
1-49 (i) any felony under Chapter 481, Health
1-50 and Safety Code (Texas Controlled Substances Act);
1-51 (ii) any felony under Chapter 483, Health
1-52 and Safety Code;
1-53 (iii) a felony under Article 350, Revised
1-54 Statutes; <or>
1-55 (iv) any felony under Chapter 34, Penal
1-56 Code; <or>
1-57 (v) <(iv)> a Class A misdemeanor under
1-58 Subchapter B, Chapter 365, Health and Safety Code, if the defendant
1-59 has been previously convicted twice of an offense under that
1-60 subchapter; or
1-61 (vi) <(v)> any felony under The Sale of
1-62 Checks Act (Article 489d, Vernon's Texas Civil Statutes);
1-63 (C) the proceeds gained from the commission of a
1-64 felony listed in Paragraph (A) or (B) of this subdivision or a
1-65 crime of violence; or
1-66 (D) acquired with proceeds gained from the
1-67 commission of a felony listed in Paragraph (A) or (B) of this
1-68 subdivision or a crime of violence.
2-1 SECTION 3. Subsection (a), Section 24, Chapter 173, Acts of
2-2 the 47th Legislature, Regular Session, 1941 (Article 6687b,
2-3 Vernon's Texas Civil Statutes), is amended to read as follows:
2-4 (a) Except as provided by Subsection (g) of this Section,
2-5 the license of any person shall be automatically suspended upon
2-6 final conviction of:
2-7 (1) an offense under Section 19.05 <19.07>, Penal
2-8 Code, committed as a result of the person's criminally negligent
2-9 operation of a motor vehicle;
2-10 (2) an offense under Section 49.04 or 49.08
2-11 <19.05(a)(2)>, Penal Code;
2-12 (3) an offense under Section 49.07, Penal Code
2-13 <Article 6701l-1, Revised Statutes>, if the person used a motor
2-14 vehicle in the commission of the offense <committed as a result of
2-15 the introduction of alcohol into the body>;
2-16 (4) an offense punishable as a felony under the motor
2-17 vehicle laws of this State;
2-18 (5) an offense under Section 38, Uniform Act
2-19 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
2-20 Statutes); <or>
2-21 (6) an offense under Section 32 or 32A of this Act; or
2-22 (7) an offense under Section 38.04, Penal Code, if the
2-23 actor used a motor vehicle in the commission of the offense.
2-24 SECTION 4. (a) The change in law made by this Act applies
2-25 only to an offense committed on or after the effective date of this
2-26 Act. For purposes of this section, an offense is committed before
2-27 the effective date of this Act if any element of the offense occurs
2-28 before the effective date.
2-29 (b) An offense committed before the effective date of this
2-30 Act is covered by the law in effect when the offense was committed,
2-31 and the former law is continued in effect for that purpose.
2-32 SECTION 5. This Act takes effect September 1, 1995.
2-33 SECTION 6. The importance of this legislation and the
2-34 crowded condition of the calendars in both houses create an
2-35 emergency and an imperative public necessity that the
2-36 constitutional rule requiring bills to be read on three several
2-37 days in each house be suspended, and this rule is hereby suspended.
2-38 * * * * *