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.
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